Kundan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48856 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Kundan Rai S/o Begam Rai @ Degan Ray R/o village- Daudnagar, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rina Sinha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Bidupur P.S. Case No. 94 of 2022, registered for the offence punishable under Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2018.

5 litres of illicit liquor has been recovered from Diyara of Ganga River.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Recovery has been made from open place which is accessible to general public. Petitioner has got criminal antecedent one of the similarly situated coaccused has been granted anticipatory bail by this Court. Counsel for the State vehemently opposed the bail

Patna High Court CR. MISC. No.48856 of 2022(2) dt.04-11-2022 2/2 application and submitted that petitioner has got criminal antecedent of similar nature.

Considering the criminal antecedent of similar nature, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act. (Prabhat Kumar Singh, J) vinita/- U T