Kaila @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81760 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- MOKAMAH District- Patna ====================================================== Kaila @ Raj Kumar Son of Sri Arvind Kumar @ Arvind Singh Resident of Village - Sankarwar Tola, P.S.- Mokama, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Manglam For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of bail in a case registered for the offence under section 290 of the Indian Penal Code and section 37(b) (c) of the Bihar Prohibition & Excise Act 2016.
As per the allegation in the FIR, on receiving secret information, three different accused persons including this petitioner were caught near the Najarath Referral hospital in a drunken condition.
It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. In any case no recovery of any illicit liquor has taken place from the possession of the petitioner and the
Patna High Court CR. MISC. No.81760 of 2019(2) dt.11-12-2019 2/2 petitioner is in custody since 27.10.2019.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the fact that the petitioner is previously accused in three other cases including two under the Bihar Prohibition and Excise Act, the Court is not inclined to enlarge the petitioner on bail and as such his application for bail is rejected.
However, if so advised, the petitioner may renew his prayer for bail on completing six months in custody. (Partha Sarthy, J) Prakash/- U