Sushant Yadav @ Sushant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19418 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Sushant Yadav @ Sushant Kumar S/o Viveka Yadav @ Viveka Kumar Resident of Raghunathpur, P.S.- Sahebpur Kamal, District - Begusarai. 2.

Prashant Yadav @ Prashant Kumar S/o Viveka Yadav @ Viveka Kumar Resident of Raghunathpur, P.S.- Sahebpur Kamal, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2022 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Sahebpur Kamal P.S. Case No. 188 of 2021, registered for the offence punishable under Sections 120(b), 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 331.64 litres of illicit liquor has been recovered from different places.

It is submitted that nothing has been recovered from conscious possession of petitioners. Recovery has made from possession of co-accused. Name of petitioners transpired during course of investigation.

Patna High Court CR. MISC. No.19418 of 2022(2) dt.22-07-2022 2/2 Counsel for the State vehemently opposed the bail application and submitted that petitioners have got criminal antecedent of similar nature.

Considering the criminal antecedent, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

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