Vijay Marshal @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43873 of 2021 Arising Out of PS. Case No.-476 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== VIJAY MARSHAL @ VIJAY KUMAR Son of Ram Bilash Yadav Resident of village- Phulparas East Tole, P.S. - Phulparas, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard Mr. Gagandeo Yadav, learned counsel for the petitioner and Mr. Md. Anzarul Haque Sahara, learned A.P.P. for the State through virtual court proceedings.

Petitioner seeks regular bail in connection with Phulparas P.S. Case No. 476 of 2020, G.R. No. 1212 / 2020 registered for the offence punishable under Sections 272 , 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case in brief is that Police got secret information that consignment of liquor has been brought near the house of the petitioner. Accordingly, Police proceeded towards the place of occurrence and found that behind the house of the petitioner near the hutment a truck is standing and from the truck as well as hutment total quantity of 1818 liters of

Patna High Court CR. MISC. No.43873 of 2021(2) dt.04-02-2022 2/2 foreign liquor has been recovered.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case merely on the basis of secret information and he is neither the owner of the truck nor its driver. He further submits that the hutment from where illicit liquor has been recovered is situated behind the house of the petitioner and the petitioner has no concern with the same.

Regard being had to the submission made by the parties, taking into consideration the materials available on record and the fact that behind the house of the petitioner from the hutment and the truck huge quantity of illicit liquor has been recovered and the petitioner is a history sheeter having twenty

(20) criminal antecedents of serious nature of offence, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for bail is rejected. However, the petitioner may renew his prayer for bail after one year from today, if the trial does not record any substantial progress.

praful/- (Anil Kumar Sinha, J) U T