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Patna High CourtCR. MISC./38722/2024bail rejected

Santosh Keshri @ Santosh Prasad Keshri @ Santosh Prasad v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38722 of 2024 Arising Out of PS. Case No.-309 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Santosh Keshri @ Santosh Prasad Keshri @ Santosh Prasad S/o Birendra Prasad Keshari @ Virendra Keshri Resident of Village-ward no. 38 Aalamganj, Sasaram, P.S.-Sasaram(T), District-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sasaram (T) P.S. Case No. 309 of 2024, lodged on 20.03.2024 under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, FIR has been lodged against 7 named accused persons including the present petitioner. Total 231.765 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that there is a complete violation of section 100 of Cr.P.C. Counsel further submits that the criminal antecedent of

Patna High Court CR. MISC. No.38722 of 2024(2) dt.27-05-2024 2/2 the petitioner is not clean and there are four criminal cases pending against him. The petitioner is in custody since 21.03.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and this aspect must be taken into consideration while considering the bail application of the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Sasaram (T) P.S. Case No. 309 of 2024, pending before the learned Exclusive Special Excise Court No.2 cum-Additional District & Sessions Judge, Rohtas at Sasaram is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T