Patna High CourtCR. MISC./61547/2019disposed

Bikash Kumar @ Vikash Kumar v. The State Of Bihar

2019-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61547 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- MALAYPUR District- Jamui ====================================================== BIKASH KUMAR @ VIKASH KUMAR Son of Satoo Manjhi Resident of Village - Gopalpur, P.S.- Chanan, Distt - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Malaypur P.S.Case No.58/19 registered for offences punishable under Sections 272/273 of the Indian Penal Code and Section 3(a) of the Bihar Prohibition Excise Act, 2016. As per FIR there is allegation of recovery of 10 ltrs. of liquor from a motorcycle, which happens to be of the petitioner and the accused persons succeeded in fleeing away. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and having no criminal antecedent.

Heard learned A.P.P. also, who has opposed the pryer for bail on the ground that the transportation is also an offence under the Excise Act and from the motorcycle of the petitioner

Patna High Court CR. MISC. No.61547 of 2019(2) dt.26-09-2019 2/2 there is recovery of the liquor..

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court, if possible to be disposed of on the same day.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T