Subhash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38785 of 2020 Arising Out of PS. Case No.-219 Year-2020 Thana- OBRA District- Aurangabad ====================================================== 1.

Subhash Prasad, son of Somaran Mahto, resident of Village - Narayanpur, P.S. - Ichak, District - Hazaribagh (Jharkhand) 2.

Sandip Kumar, son of Nirmal Prasad, resident of Village- Banka, P.S.- Kurkmdag, Distt- Hazaribag, (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Obra P.S. Case No. 219 of 2020 registered for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act.

In the instant case, 441.3 litres of liquor was seized from a Tata Magic vehicle. The petitioners are alleged to be the driver and khalasi of the aforesaid vehicle carrying liquor.

Considering the fact that 441.3 litres of liquor

Patna High Court CR. MISC. No.38785 of 2020(2) dt.09-02-2021 2/2 was seized, this Court is not inclined to grant privilege of bail to the petitioners at this stage. The prayer for bail stands rejected.

In the event the petitioners complete their nine months of custody, they may approach the learned Court below for grant of bail by filing appropriate application. The Court below shall release the petitioners on appropriate terms and conditions.

With the aforesaid observations, the petition stands rejected.

(Anil Kumar Upadhyay, J) Shageer/- U T