Rudal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8114 of 2022 Arising Out of PS. Case No.-400 Year-2021 Thana- GOGRI District- Khagaria ====================================================== RUDAL YADAV SON OF PINTU YADAV RESIDENT OF VILLAGESHISHWA, P.S- GOGRI, DIST- KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Roshan Kumar Mishra For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, 33 liters of illicit foreign liquor has been recovered behind the house of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner and petitioner is in custody since 04.12.2021. Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got criminal antecedent and he is accused in one more case of Excise Act. Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.8114 of 2022(2) dt.08-04-2022 2/2 well as the fact that petitioner has got criminal antecedent of similar nature of case, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge. (Prabhat Kumar Singh, J) anay/- U T