Patna High CourtCR. MISC./67212/2023bail rejected

Munna Barnwal v. The State Of Bihar,

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67212 of 2023 Arising Out of PS. Case No.-1277 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Munna Barnwal, Son of Late Daso Barnwal, Resident of Village - Mahadev Nagar, P.S. - Sukhdev Nagar, District- Ranchi (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhaiya Kishore (APP.100) ====================================================== 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 Special Case No. 6168/2023, arising out of Excise Patna P.S. Case No. 1277/2023, lodged on 08.08.2023 under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 199.875 litres of illicit foreign liquor has been recovered from a Mahindra Pick Up Van which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner has not been apprehended form the place of occurrence, rather allegedly, he was arrested upon chase when he was trying to flee away from the scene after coming out from

Patna High Court CR. MISC. No.67212 of 2023(2) dt.17-10-2023 2/2 the vehicle. The petitioner is in custody since 09.08.2023 and is accused in one more criminal case in which he is on bail.

5. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean as he is accused in one more criminal case of similar nature.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Special Case No. 6168/2023, arising out of Excise Patna P.S. Case No. 1277/2023, pending before the learned Special Judge-Excise, III, Patna is hereby rejected.

8. However, the petitioner would at liberty to renew his prayer for bail after framing of charge.

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

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