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Patna High CourtCR. MISC./6786/2022disposed

Shyam Babu Raut @ Shyam Babu Rawat v. The State Of Bihar

2022-04-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6786 of 2022 Arising Out of PS. Case No.-243 Year-2021 Thana- ISUAPUR District- Saran ====================================================== SHYAM BABU RAUT @ SHYAM BABU RAWAT Son of Asarfi Rawat Resident of Village- Kerwa Mathiya, P.S.- Ishuapur, District- Saran at Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30/30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 151.200 liters of illicit liquor has been recovered from toilet of this petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 14.01.2022. Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail. He submits that the petitioner has got identical

Patna High Court CR. MISC. No.6786 of 2022(2) dt.07-04-2022 2/2 criminal antecedent.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T