Patna High CourtCR. MISC./1893/2024bail rejected

Govind Kumar v. The State Of Bihar

2024-01-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1893 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- KACCHWA District- Rohtas ====================================================== Govind Kumar Son of Nawala Ram R/o vill - Khasar, P.S. - Dhanauin, Distt. - Badmer, Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kachhawa P.S. Case No. 136/2023 lodged on 21.09.2023 under Sections 30(a)/32, 36, 41 Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the recovery of 4171.8 liters of wine is the subject matter of the present case. The said recovery has been made from a truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the said recovery has been made from a truck on which the wood has been loaded. The petitioner is not the owner of the vehicle rather he is the driver of the said vehicle. He is completely

Patna High Court CR. MISC. No.1893 of 2024(2) dt.24-01-2024 2/2 unaware of what is loaded on the said truck. The petitioner is in custody since 23.09.2023 having no criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that there is complete prohibition of liquor in the State of Bihar but the petitioner has been apprehended being a driver of a truck from which a huge quantity of illicit liquor has been recovered.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Kachhawa P.S. Case No. 136/2023, pending before the learned Exclusive Special Judge, Excise, Court No.1, Rohtas at Sasaram is hereby rejected.

8. However, the petitioner would be at liberty to renew his prayer for bail after framing of charge.

9. With this observation, the bail application stands disposed off.

(Dr. Anshuman, J) Ashwini/- U T