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Patna High CourtCR. MISC./37037/2022bail rejected

Girdhari Kumar @ Girdhari Yadav @ Girdhari Kumar Yadav v. The State Of Bihar

2022-09-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37037 of 2022 Arising Out of PS. Case No.-108 Year-2021 Thana- MARAUNA District- Supaul ====================================================== Girdhari Kumar @ Girdhari Yadav @ Girdhari Kumar Yadav Son Of Domi Prasad Yadav R/O Village- Ward No.-2, Ganaura Koni, P.S.- Marauna, District- Suapul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Marauna P.S. Case no. 108 of 2021 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 26 litres country made wine from the straw house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating

Patna High Court CR. MISC. No.37037 of 2022(2) dt.23-09-2022 2/2 article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged straw house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U