Patna High CourtCR. MISC./67456/2023disposed

Amit Kumar v. The State Of Bihar

2023-10-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67456 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- NAYAGAON District- Saran ====================================================== AMIT KUMAR SON OF LATE YOGENDRA PRASAD SINGH @ YOGENDRA SINGH RESIDENT OF VILLAGE - MOHABATPUR, P.S. - GANGABRIDGE, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Adv For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nayagaon P.S. Case No. 19 of 2023 registered on 08.02.2023 lodged under Sections 30(a), 32(i)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act (Amendment), 2016.

3. As per the prosecution case, total recovery of 2349.70 litre of wine is the subject matter of the present case.

4. Counsel for the petitioner submits that the petitioner has not been apprehended from his place of occurrence. His name has been figured in this case by the virtue of confessional statement of the co-accused who was apprehended from the place of occurrence.

Patna High Court CR. MISC. No.67456 of 2023(2) dt.17-10-2023 2/2

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 25.07.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that it is true that the antecedent of the petitioner is clean but such a huge quantity has been recovered and it has come in the investigation that petitioner is directly involved in the commission of the crime.

7. In the present facts and circumstances of this case and recovery of huge quantity, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this petition of regular bail is rejected, However, the trial Court is directed to release the petitioner on bail by imposing its own condition so that the petitioner may not evade appearance during the trial, if he renews his prayer for bail after framing of charge.

9. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J) Sunnykr/- U T