Prabhu Nishad @ Prabhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37831 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Prabhu Nishad @ Prabhu Mahto S/o Bhangi Mahto @ Bhangi Nishad Resident of Kasha Diyara, P.S.- Maranchi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Barauni (Chakiya) P.S. Case No. 183 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018 read with Section 25 (1-b)a, 26 & 35 of the Arms Act. As per the prosecution case, total recovery of 30 litres country made liquor as well as 2 desi katta is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the antecedent of the petitioner is clean and in

Patna High Court CR. MISC. No.37831 of 2022(3) dt.11-11-2022 2/2 custody since 26.04.2022. Counsel also submits that charge sheet has already been filed in this case.

Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of the instance of his enemy.

Learned counsel for the State opposes the prayer for bail and submits that not only wine rather arms were also recovered from the possession of the petitioner. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, the bail petition of the petitioner is hereby rejected. But liberty is hereby granted to the petitioner that he may renew his prayer for bail 3 months after framing of charge.

With this observation, the bail application stands rejected.

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