Laxmi Rai @ Lakshmi Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54055 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== LAXMI RAI @ LAKSHMI KUMAR YADAV SON OF LATE SAKAL DEV RAI R/O VILLAGE- SHEKHPURA, P.S.- AHIYAPUR, DISTRICTMUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y. C. Verma, Sr. Adv.

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2022 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Gayghat Police Station Case No. 117 of 2020, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that a total quantity of 4527.6 litres of illicit liquor has been recovered from one truck, three pick-up vans and two motorcycles and the petitioner is said to be the person engaged in the trade of illicit liquor along with others. Learned Senior Counsel for the petitioner submits that

Patna High Court CR. MISC. No.54055 of 2021(2) dt.09-02-2022 2/2 the petitioner was granted privilege of anticipatory bail by a coordinate Bench of this Court, vide order passed in Criminal Misc. No. 27656 of 2020, subject to deposit of Rs. 5,00,000/- in cash and since the petitioner was not in a position to deposit Rs. 5,00,000/- in cash, as directed by this Court, the petitioner surrendered before the learned Court below on 21.06.2021. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got criminal antecedents of similar nature of offence and there is possibility that after release on bail, the petitioner may repeat the offence, I am not inclined to grant regular bail to the petitioner.

This application is, accordingly, dismissed, at this stage.

However, the petitioner may renew his prayer for regular bail after six months from today, if the trial does not record any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √