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Patna High CourtCR. MISC./47156/2021bail rejected

Abodh Thakur v. The State Of Bihar

2021-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47156 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== ABODH THAKUR Son of Jagarnath Thakur Resident of Village - Sekhi Chakia, P.S.-Chakia, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

From the house of the petitioner, foreign liquor was recovered. No other family member of the petitioner is accused. Though the petitioner has got no criminal antecedent, however considering the presumption under Section 32 of the Bihar Prohibition and Excise Act and consequent bar of prayer for anticipatory bail under Section 76(2) of the said Act, in my view, this is not a fit case for grant of anticipatory bail. Hence prayer is refused in connection with Chakia P.S. Case No. 122

Patna High Court CR. MISC. No.47156 of 2021(2) dt.21-12-2021 2/2 of 2021.

Petitioner is directed to surrender within two weeks and pray for regular bail.

(Birendra Kumar, J) mantreshwar/- U T