Hira Rajbanshi @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45410 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- HISUWA District- Nawada ====================================================== 1.

HIRA RAJBANSHI @ DINESH KUMAR S/O CHANDO RAJBANSHI @ CHANDO RAM R/O VILLAGE- KHANPUR, P.S- HISUA, DISTT.- NAWADA.

2.

MUNNA RAJBANSHI S/O KULESHWAR RAJBANSHI R/O VILLAGEHAZIDHAW, P.S- NARHAT, DISTT.- NAWADA. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Akhilesh Kumar, Advocate For the State :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 65 litres country made liquor has been recovered from open place.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioner has falsely been implicated merely on suspicion. No incriminating article has been recovered from the conscious possession of these petitioners. As a matter of fact, the place from where illicit liquor has been recovered is an open place and is accessible to

Patna High Court CR. MISC. No.45410 of 2024(2) dt.30-07-2024 2/2 one and all.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioners have got criminal antecedents of similar nature.

6. Considering the aforesaid facts and circumstances, nature of accusation and the fact that petitioners have got criminal antecedents of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T