Meraj @ Md Meraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17854 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== MERAJ @ MD MERAJ S/o Md. Jalil @ Jilla Resident of Village- Sodhana Madhopur, P.S.- Siwaipatti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Sections 3272, 273, 420, 353, 506, 34 of the I.P.C. and Sections 30, 30(a), 30(c), 30(d), 36, 38, 41 and 41(i) of Bihar Prohibition and Excise Act.

9.375 liters of foreign liquor as well a 90 liters of raw spirit has been recovered from the house of the co-accused Vinod Kumar @ Nirahua and this petitioner is alleged to have supplied the said liquor.

It is submitted on behalf of petitioner that no incriminating article has been recovered either from the conscious possession or premises of this petitioner and he is in custody since 08.12.2021.

Patna High Court CR. MISC. No.17854 of 2022(2) dt.20-05-2022 2/2 Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got one criminal antecedent of similar nature.

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