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Patna High CourtCR. MISC./62036/2022bail rejected

Prem Kumar v. The State Of Bihar

2022-12-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62036 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== PREM KUMAR SON OF RAJKUMAR SINGH R/O VILLAGEVEERKUWAR SINGH COLONY, JAMUI, P.S. AND DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2022 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in a case registered for the offence under Sections 272, 273/34 of the IPC and Sections 30(a)/36/41(i) of Bihar Prohibition and Excise Act. 2160 liters of foreign liquor has been recovered from a truck.

It is submitted of behalf of petitioner that petitioner has been falsely implicated in this case. Petitioner is neither owner nor driver of the said truck and has got no concern with the alleged recovery. But, only on the basis of confessional statement of co-accused Vikash Kumar, petitioner has been made accused in this case. It is further submitted that petitioner has been roped in another case of Excise Act i.e. Malaypur P.S.

Patna High Court CR. MISC. No.62036 of 2022(2) dt.09-12-2022 2/2 Case No. 58 of 2021 on the basis of confessional statement of co-accused Vikash Kumar, in which, petitioner is on bail. However, considering the fact that petitioner has got one more criminal antecedent of similar nature, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T