Rupesh Kumar @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79240 of 2019 Arising Out of PS. Case No.-524 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Rupesh Kumar @ Sonu Kumar Son of Chandra Kishor Yadav Resident of Village - Gadhiya Balam , Police Station Madhepura, District - Madhepura. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ashok Kumar, Advocate For the Opposite Party :

Mr.Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Special (Excise) Case No. 482(S) of 2018 arising out of Sour Bazar P.S. Case No. 524 of 2018 registered for offences under Sections 30(a), 38(1) and 41(1) of Bihar Prohibition & Excise Act, 2016. Learned counsel for the petitioner submitted that the pick-up van belonging to the petitioner was being used for carrying indian made foreign liquor. It was plying without any registration number. The police intercepted the vehicle and recovered 270 litres of indian made foreign liquor kept in 30 cartons each with 12 bottles of 750 ml. Three persons, who were inside the vehicle were intercepted and they disclosed his

Patna High Court CR. MISC. No.79240 of 2019(2) dt.11-12-2019 2/2 name as owner of the vehicle. The contention of the petitioner is that he is not involved in any illegal trade of liquor. The three accused persons, who were apprehended had used the vehicle for carrying liquor without his permission. The petitioner has surrendered voluntarily and is languishing in jail since 16.10.2019.

Per contra, learned counsel appearing for the State submitted that the defence of the petitioner is unbelievable. Deliberately, he had not put the registration number on the vehicle and was using the vehicle for the purpose of illegal trade of prohibited liquor.

Regard being had to the totality of the circumstances, I am not inclined to grant bail to the petitioner for the present. The prayer for bail is rejected. In case, the trial of the petitioner is not concluded within six months from the date of framing of charge, he would be at liberty to renew his prayer for bail before the court below itself.

(Ashwani Kumar Singh, J) kanchan/- U T