Vishal Chaudhary @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9759 of 2022 Arising Out of PS. Case No.-517 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== VISHAL CHAUDHARY @ VISHAL KUMAR Son of Jata Shankar Chaudhary @ Gholat Chaudhary R/o Village Sonbarsa Tola, Rahimpur, P.S. - Muffasil, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2022 Heard learned counsel for the parties.

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, 102 liters of illicit foreign liquor has been recovered from Basa of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from an open place. Petitioner is in custody since 02.01.2022.

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 similar nature.

Patna High Court CR. MISC. No.9759 of 2022(2) dt.21-04-2022 2/2 Considering the aforesaid facts and circumstances as 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