Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13231 of 2022 Arising Out of PS. Case No.-736 Year-2021 Thana- MAHUA District- Vaishali ====================================================== DILIP KUMAR Son of Balli Rai @ Bali Ray @ Jali Rai. Resident of VillageBisunpur Madhaul, P.S.- Mahua, District- Vaislhai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravish Mishra For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in a case registered for the offence under Sections 30(a) / 32(ii) / 34(ii) / 38(ii) / 41(i) of Bihar Prohibition and Excise Act.
As per the prosecution case, altogether 3158.370 liters of Indian made foreign liquor has been recovered from a truck and pick-up van and petitioner is alleged to have brought the aforesaid liquor with the help his other associates. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Petitioner is neither owner nor driver of the alleged vehicles in question and he is in custody since 21.01.2022. Learned A.P.P. for the State has opposed the bail
Patna High Court CR. MISC. No.13231 of 2022(2) dt.06-05-2022 2/2 petition and submitted that petitioner has got criminal antecedent and he is accused in three more cases of similar nature.
Considering the aforesaid facts and circumstances as well as the fact that petitioner has got criminal antecedent of similar nature of cases, 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