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Patna High CourtCR. MISC./40837/2020rejected

Dharmendra Rai v. The State Of Bihar

2022-01-11Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40837 of 2020 Arising Out of PS. Case No.-272 Year-2020 Thana- DANAPUR District- Patna ====================================================== DHARMENDRA RAI SON OF NAND KISHORE RAI R/O VILLAGE - SULTANPUR, P.S. - DANAPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-01-2022 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Danapur P.S. Case No. 272 of 2020 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case merely on basis of suspicion. Nothing has been recovered from the conscious possession of this petitioner. Petitioner is not the owner of any of the vehicles from where alleged recoveries have been made.

Learned Addl. P.P. appearing for the State opposes

Patna High Court CR. MISC. No.40837 of 2020(5) dt.11-01-2022 2/2 the prayer for bail and submits that petitioner is named accused in the first information report and he has been involved in such type of offence earlier also as is evident from his criminal antecedents as mentioned in paragraph 3 of the petition. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T