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Patna High CourtCR. MISC./35042/2023bail rejected

Khajanti Mukhiya @ Khajanchi Mukhiya v. The State Of Bihar

2023-07-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35042 of 2023 Arising Out of PS. Case No.-1031 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Khajanti Mukhiya @ Khajanchi Mukhiya Son of Bhola Mukhiya Resident of Dumari ward no. 1, P.s - Majhauliya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in registered for the offences punishable under Sections 30(a) and 37 of Bihar Prohibition and Excise Act.

3. As per prosecution case, 25 liters of country made liquor was recovered from the place of occurrence.

4. Learned counsel for the petitioner submits that name of the petitioner transpired on the basis of confessional statement of co-accused. No incriminating material has been recovered from the conscious possession of the petitioner.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner has got one criminal antecedent of similar nature.

Patna High Court CR. MISC. No.35042 of 2023(2) dt.28-07-2023 2/2

6. Considering the criminal antecedent, prayer for anticipatory bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T