Patna High CourtCR. MISC./48912/2021bail granted

Rajesh Prasad v. The State Of Bihar

2022-03-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48912 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- AMAS District- Gaya ====================================================== RAJESH PRASAD Son of Late Ramchandra Prasad Resident of Village - Shamsher Khap, P.S. Amas, Distt. - Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S. Jamil Akhtar, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 15 litres of liquor was recovered from the Bhatthi of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recorded from the possession of the petitioner and he has no concern either with the seized liquor nor with the place of its recovery. He is in custody since 6.3.2021 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has an

Patna High Court CR. MISC. No.48912 of 2021(3) dt.08-03-2022 2/2 antecedent under the Bihar Prohibition and Excise Act, 2016. Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Amas P.S. Case no. 11 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Gaya. (Partha Sarthy, J) Bibhash/- U