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Patna High CourtCR. MISC./4086/2020bail rejected

Shailendra Shukla @ Pappu Shukla v. The State Of Bihar

2021-01-22Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4086 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== Shailendra Shukla @ Pappu Shukla Son of Late Radha Ram Shukla @ Radha Raman Shukla, Resident of Village - Brindaban, P.S.- Gopalganj, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Unchakagaon P.S. Case No. 170 of 2019 registered for offence punishable under sections 272, 273/34 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition and Excise Act.

In this case, a huge quantity of liquor has been recovered from the inside of the Chimni.

Learned counsel for the petitioner submits that the petitioner was only Munsi of that Chimni and the owner of the Chimni has been granted bail.

Looking to the quantity of liquor, this Court is not

Patna High Court CR. MISC. No.4086 of 2020(5) dt.22-01-2021 2/2 inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision in accordance with law. While considering regular bail, the court below will also consider the bail granted to the owner of the aforesaid Chimni.

(Shivaji Pandey, J) Mahesh/- U T