Shyamlal Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27254 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- CHAKAI District- Jamui ====================================================== Shyamlal Hansda aged about 41 years Son of Late Budhan Hansda Resident of Village- Berbari, Tola Rana Damga, Dhodsakola, P.S.- Chakai, Dist- Jamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Prabhat Ranjan Singh, Advocate For the Opposite Party :

Mr Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and the State via Video Conferencing.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 372/273 of the Indian Penal Code as well as section 30a of the Bihar Prohibition and Excise Act.

Total 8 liters of Mahua wine is said to have been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the recovery is from the joint family house. Petitioner has got no criminal antecedent.

Learned counsel for the State opposes the prayer for bail submitting that as the alleged recovery of illicit liquor has been made from the petitioner's house, the instant bail application is not maintainable under section 76 of the Bihar Prohibition and Excise Act.

In that view of the matter, prayer for bail of the petitioner is refused with direction to surrender and seek regular

Patna High Court CR. MISC. No.27254 of 2020(2) dt.06-11-2020 2/2 bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T