Patna High CourtCR. MISC./72306/2019bail rejected

Kinkar Kumar Singh v. The State Of Bihar

2019-11-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72306 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== KINKAR KUMAR SINGH Son of Narsingh Singh R/O - Ward No. 33, Gandhi Nagar, P.S.- Town, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case no. 350 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is that in course of patrolling duty, one motorcycle was seen, on seeing the Police party, motorcycle rider started fleeing leaving the motorcycle and succeeded to flee away taking the advantage of the darkness. Thereafter, the motorcycle bearing registration No. BR26R2513 was searched and 150 pouches, each containing 200 ML country made liquor kept in sack were recovered. Learned counsel for the petitioner submits that, in fact, the motorcycle of the petitioner was parked inside the

Patna High Court CR. MISC. No.72306 of 2019(2) dt.19-11-2019 2/2 road, which was taken by the Police and, thereafter, the petitioner was implicated in this case.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T