Patna High CourtCR. MISC./49839/2021bail rejected

Saurav Kumar v. The State Of Bihar

2022-02-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49839 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- GOVINDPUR District- Nawada ====================================================== SAURAV KUMAR Son of Vijay Singh Resident of Village - Rustampur, P.s.- Roh, Distt.- Nawada, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on the motorcycle driven by the petitioner being stopped and searched, 20 litres of liquor was recovered from the bag being carried by the pillion rider. It is submitted by learned counsel for the petitioner that neither the petitioner is the owner of the motorcycle nor has he any concern with the seized liquor. No incriminating article has been recovered from his possession. He is in custody since 8.7.2021 and charge sheet has been submitted in the case. The application for bail is opposed by learned APP for the State who submits that the petitioner has an antecedent

Patna High Court CR. MISC. No.49839 of 2021(2) dt.23-02-2022 2/2 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 an antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer on completing one year in custody.

(Partha Sarthy, J) Prakash/- U