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Patna High CourtCR. MISC./38167/2023dismissed

Shyamdeo Rai v. The State Of Bihar

2023-07-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38167 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SHYAMDEO RAI Son of Late Shiv Bachan Rai Resident of village - Bahara, P.S. - Baikunthpur, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-07-2023 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Baikunthpur P.S. Case No. 89 of 2022 registered for the offence under Section 30 of the Bihar Prohibition and Excise Act. Recovery is of total 15 liters of spirit from Banswari.

Learned counsel for the petitioner submits that the petitioner is in custody since 02.03.2023 and total antecedents of 12 cases under the Excise Act.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner because it seems that whenever the petitioner is granted bail he starts indulging in sale or purchase of illicit liquor.

Patna High Court CR. MISC. No.38167 of 2023(2) dt.21-07-2023 2/2 Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Sandeep Kumar, J) Guddu/- U T