Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14842 of 2022 Arising Out of PS. Case No.-445 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== RAJESH KUMAR Son of Mahesh Sah Resident of Village- Rajepur, P.S.- Rajepur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma Mrs.Rashmi Jha For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 272, 273, 414, 420, 120B of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act. As per the prosecution case, 770 liters of foreign liquor has been recovered from a pick-up van and this petitioner alongwith other accused persons were apprehended on spot. 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 vehicle in question and he is in custody since 23.11.2021.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got one criminal antecedent of similar nature.

Patna High Court CR. MISC. No.14842 of 2022(2) dt.12-05-2022 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