← Library
Patna High CourtCR. MISC./9048/2022disposed

Rahul Kumar v. The State Of Bihar

2022-04-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9048 of 2022 Arising Out of PS. Case No.-412 Year-2021 Thana- GORAUL District- Vaishali ====================================================== RAHUL KUMAR SON OF HARENDRA RAY R/O VILLAGE- PIROI, P.S.- GORAUL, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-04-2022 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, altogether 207 liters & 360 ml. of illicit foreign liquor has been recovered from a Bolero and Maruti Car, and this petitioner, who is alleged to be driver of Bolero vehicle, was apprehended on spot. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Petitioner is in custody since 22.10.2021.

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 similar nature.

Patna High Court CR. MISC. No.9048 of 2022(2) dt.12-04-2022 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