Patna High CourtCR. MISC./82255/2019rejected

Gurpreet Singh @ Gudpreet Singh v. The State Of Bihar

2019-12-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82255 of 2019 Arising Out of PS. Case No.-327 Year-2019 Thana- BIKRAM District- Patna ====================================================== GURPREET SINGH @ GUDPREET SINGH Son of Late Surjeet Singh @ Sarjit Singh R/O Vill- Purbiya Mohalla, Sri Ram Nagar Kacchi Basti, Udyog Puri Kota S.O. Kota, P.S.- Udyog Nagar, District - Kota, State- Rajasthan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== 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 prayed for bail in connection with Bikram P.S. Case No. 327 of 2019 registered for the offence punishable under section 30(a) of the Bihar Provision and Excise Act, 2016.

As per allegation in the FIR, 2450.52 litres of IMFL is said to have been recovered from the truck, which was being driven by the petitioner.

It is submitted by learned counsel for the petitioner that no such recovery as alleged has taken place. He was carrying chaff in the truck and was not aware about the presence of the illicit liquor in the same. He only happens to be the driver.

Patna High Court CR. MISC. No.82255 of 2019(2) dt.11-12-2019 2/2 It is further submitted that the petitioner has no criminal antecedent and he is in custody since 03.10.2019. Having heard learned counsel for the parties and taking into consideration the fact of recovery of large quantity of IMFL, the Court is not inclined to enlarge the petitioner on bail and, as such, the application for bail is rejected. However, in view of the fact that petitioner has no criminal antecedent, if so advised, the petitioner may renew his prayer for bail after completing six months in custody. (Partha Sarthy, J) sushma/- U T