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Patna High CourtCR. MISC./10806/2025bail rejected

Umesh Kumar @ Nanki v. The State Of Bihar

2025-05-12Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10806 of 2025 Arising Out of PS. Case No.-168 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Umesh Kumar @ Nanki S/O Raju Singh @ Rajo Singh R/O village - Fatehpur Bala , Police Station - Musrigharari , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-05-2025 Heard Mr. Mahendra Pratap, learned counsel for the petitioner and the State.

2. The petitioner apprehends his arrest in connection with Musrigharari P.S. Case No. 168 of 2024 for the offence registered under sections 30(c) of the Bihar Prohibition and Excise (Amendment) Act lodged on 10.11.2024 by the informant, Shailendra Kumar.

3. As per the prosecution story, the informant alleged that upon secret information, the place was raided and there is recovery of 21,060 caps of bottles, 700 wrappers and 9936 bar code stickers of different brands of foreign liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that the recovery/seizure is from an open place and cannot be attributed

Patna High Court CR. MISC. No.10806 of 2025(3) dt.12-05-2025 2/2 to him.

5. Learned APP on the other hand has taken this Court to paragraph 3 to show that he has three criminal antecedents of the same nature.

6. Though the recovery/seizure is there from an open place, the fact remains that this is the fourth criminal case against the petitioner, the earlier 3 are also of the same nature, in that background, this Court is not inclined to extend him the privilege of bail, rejected.

7. If the petitioner surrenders within a period of four weeks, the Court concerned shall take up the matter and dispose it of preferably on the same day.

(Rajiv Roy, J) Vijay Singh/- U T