Shyam Bihari @ Shyam Bihari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17542 of 2022 Arising Out of PS. Case No.-683 Year-2021 Thana- BAGHA District- West Champaran ====================================================== SHYAM BIHARI @ SHYAM BIHARI CHAUDHARY Son of Late Hari Chaudhary Resident of Village - Chhatraul Malpurwa, Police Station - Bagaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== 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 30(a) (c) (d) & 45 of Bihar Prohibition and Excise Act.

30 liters of illicit country-made liquor alongwith 375 liters preparatory material and other articles have been recovered and petitioner has been made accused in this case on the disclosure made by apprehended co-accused Khajanti Chaudhary.

It is submitted on behalf of petitioner that no incriminating article has been recovered from the possession of this petitioner and is in custody since 04.01.2022.

Patna High Court CR. MISC. No.17542 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 is has got criminal antecedent of 9 (nine) case, out of which, 8 (eight) cases are 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 is directed to conclude the trial within a period of nine months from the date of receipt / production of copy of this order. If the trial is not concluded within aforesaid time, the petitioner would be at liberty to renew the prayer for bail.

(Prabhat Kumar Singh, J) anay/- U T