Patna High CourtCR. MISC./1184/2024bail rejected

Bikash Kumar v. The State Of Bihar

2024-01-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1184 of 2024 Arising Out of PS. Case No.-128 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Bikash Kumar, Son of Pawan Yadav, Resident of Village -Lahsorwa, P.S.- Piribazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Advocate Mr. Mrityunjay Kumar, Advocate Mr. Surya Nararyan Poddar, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Piribazar P.S. Case no. 128 of 2023, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 16 litres of liquor was recovered from the motorcycle being driven by the petitioner and the petitioner was taken into custody.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession. He is in custody since 14.9.2023 and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.1184 of 2024(2) dt.18-01-2024 2/2

5. The prayer for bail is opposed by learned A.P.P for the State who submits that not only the petitioner was arrested at the spot along with the seized liquor but the petitioner has several antecedents under the Bihar Prohibition and Excise Act, 2016.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, the petitioner having been arrested at the spot along with 16 litres of liquor together with the petitioner having four antecedents under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) avinash/- U T