Newton Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67581 of 2021 Arising Out of PS. Case No.-503 Year-2021 Thana- SONEPUR District- Saran ====================================================== NEWTON KUMAR S/O CHANDESHWAR PANDIT R/o village- Bakarpur, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), 38 and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 86.4 litres of liquor was recovered from the car and the petitioner along with others were taken into custody.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case because of his antecedent. He is in custody since 30.8.2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.67581 of 2021(2) dt.28-04-2022 2/2 taking into consideration the recovery of 86.4 litres of liquor from the vehicle in which the petitioner was also travelling, the petitioner having been arrested at the spot and his having antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.

(Partha Sarthy, J) Spd/- U T