Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72211 of 2021 Arising Out of PS. Case No.-178 Year-2021 Thana- KARAKAT District- Rohtas ====================================================== UMESH SINGH Son of Vishwanath Singh Resident of Village - Rampur , P.S.- Karakat, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) & (c), 36 and 38 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on secret information having been received checking was started. Seeing the police vehicle, the accused persons made an attempt to escape but the petitioner was caught. 40 litres of country liquor and 400 litres of spirit was recovered from the vehicle in question. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody since 19.11.2021 and the reason for his false

Patna High Court CR. MISC. No.72211 of 2021(2) dt.07-06-2022 2/2 implication is his antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having been arrested at the spot wherein recovery of the above mentioned liquor took place together with the antecedent of the petitioner 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) Prakash/- U