Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80207 of 2018 Arising Out of PS. Case No.-237 Year-2018 Thana- LADANIA District- Madhubani ====================================================== Vikash Kumar Singh S/o Umesh Kumar Singh @ Umesh Singh resident of Village- Laskariya, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

450 litres of Nepali liquor, one country made pistol and one live cartridge are said to have been recovered from Tata Indica Car and the petitioner was apprehended in the course of escaping from car.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. No incriminating article has been recovered from his conscious physical possession. He has no concern with the seize article. He has

Patna High Court Cr.Misc. No.80207 of 2018(3) dt.15-02-2019 2/2 been falsely implicated in the case at the instance of his enemies. He does know driving of the vehicle. He has been apprehended by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid article in the vehicle seeing the police party. He has been languishing in custody since 25.10.2018. On the other hand, learned APP for the State opposed the prayer for bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However petitioner may renew his prayer for bail after three months, if so advised.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T