Patna High CourtCR. MISC./6572/2018dismissed

Ram Jeevan Mohali v. The State Of Bihar

2018-02-15Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6572 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6572 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -SANOKHAR District- BHAGALPUR ====================================================== Ram Jeevan Mohali, son of Late Munshi Mohali, Resident of VillageGokhulpur, Police Station- Amdanda, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Pandey,Adv For the Opposite Party/s : Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.12.2017 in connection with Sanokhar P.S. Case No. 198 of 2017 for the alleged offences under Sections 30(a), 30(d) of the Bihar Prohibition & Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 120 kg. of mahua and 1 kg. tablets used for making wine from an Auto without number plate. It is submitted that the petitioner was merely a passenger sitting in the vehicle and had no knowledge about the incriminating goods seized therefrom. It is submitted that the driver of the vehicle fled away upon seeing the police.

4. A perusal of the FIR however, discloses that the driver of

Patna High Court Cr.Misc. No.6572 of 2018 (2) dt.15-02-2018 the Auto started fleeing upon seeing the police but was apprehended was none other than the petitioner. The petitioner claims clean antecedents.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner at this stage. The bail petition stands dismissed. The petitioner may renew his prayer for bail after framing of charge.

(Vikash Jain, J) Chandran/BT U T