Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76074 of 2019 Arising Out of PS. Case No.-433 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== DINESH KUMAR Son of Late Hiya Lal Yadav Resident of VillageLaxmipur, P.S.- Sadar, District- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Sadar P.S. Case No. 433 of 2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016, pending in the court of learned 2nd Additional Sessions Judge - cum - Special Judge, Darbhanga. Learned counsel for the petitioner submits that the entire allegation leveled against the petitioner is based on false allegation as the petitioner has not committed any offence as alleged in the First Information Report and he has no concern with the illicit liquor recovered from the Truck or the XUV vehicle, however petitioner is in custody since 10.10.2019.

Patna High Court CR. MISC. No.76074 of 2019(2) dt.25-11-2019 2/2 Learned A.P.P. for the State has opposed the prayer for bail and submits that this petitioner has got one more case of similar nature in which he is on bail but he has been found involved in the trade of illicit liquor. He submits that petitioner was arrested with the truck which was carrying huge quantity of illicit liquor.

Considering the facts and circumstances of the case wherein this petitioner has got one more case of similar nature in which he is said to be on bail and has been once again found involved in the trade of illicit liquor as he has been arrested while being on the truck which was carrying a huge quantity of illicit liquor and that he has remained in custody for the present for a short time from 10.10.2019 and the case is still under investigation, this court is not inclined to grant regular bail to the petitioner at this stage.

The application is dismissed.

Petitioner may renew his prayer for bail after investigation is complete.

(Rajeev Ranjan Prasad, J) Rajeev/- U T