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Patna High CourtCR. MISC./47975/2021disposed

Dhorwa Prasad @ Baijnath Prasad v. The State Of Bihar

2022-01-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47975 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- KOTWALI District- Patna ====================================================== Dhorwa Prasad @ Baijnath Prasad S/O Late Rewati Prasad R/O MohallaKamla Nehru Nagar, P.S-Kotwali, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, 72 liters of country-made liquor has been recovered from behind the house of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from an open place. Petitioner is in custody since 26.03.2021.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got criminal

Patna High Court CR. MISC. No.47975 of 2021(3) dt.07-01-2022 2/2 antecedent and he is accused in five more cases of similar nature.

Considering the aforesaid facts & circumstances and the fact that petitioner has got criminal antecedent of similar nature of cases, the learned court below, where the case is pending, is directed to release the petitioner on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 1971 of 2021, arising out of Kotwali P.S. Case No. 131 of 2021, after framing of the charge.

(Prabhat Kumar Singh, J) anay/- U T