Baban Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17845 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== BABAN RAY SON OF HARINARAYAN RAY R/O VILLAGEFAIZULLAHPUR, P.S.- BAIKUNTHPUR, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mrs.Pronoti Singh ====================================================== 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 Section 30(a) / 41 of Bihar Prohibition and Excise Act.

600 liters of country-made liquor has been recovered from the field of Pramod Rai and name of petitioner and others was disclosed by local people.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from the field of co-accused Pramod Rai. Petitioner is in custody since 17.01.2022. Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got three criminal

Patna High Court CR. MISC. No.17845 of 2022(2) dt.20-05-2022 2/2 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 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