Patna High CourtCR. MISC./7827/2021bail rejected

Dhananjay Kumar v. The State Of Bihar

2021-04-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7827 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- MAIGRA District- Gaya ====================================================== DHANANJAY KUMAR SON OF KEDAR YADAV RESIDENT OF VILLAGE-RAMDOHAR,P.S-BHADWAR, DISTRICT-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-04-2021 Heard Mr. Prithivi Raj Singh, learned counsel for the petitioner and Ms. Sucheta Yadav, learned APP for the State through video conferencing.

Petitioner seeks regular bail in connection with Maigra P.S.Case No.32 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition of Excise Act, 2016. The allegation against the petitioner is that the motorcycle of the petitioner was intercepted by the police and 33 liters of country made liquor was recovered from the same. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated by the police with oblique motive. Learned counsel next submits that the petitioner is in custody since 10.09.2020 and there is one criminal antecedent

Patna High Court CR. MISC. No.7827 of 2021(2) dt.16-04-2021 2/2 of similar nature against the petitioner.

Having regard to the submissions made by the parties and taking into consideration the material available on record and the fact that illicit liquor has been recovered from the motorcycle which was being driven by the petitioner, petitioner has got criminal antecedent of similar nature, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is rejected at this stage. However, the petitioner may renew his prayer for bail after three months from today, if the trial does not show any progress.

(Anil Kumar Sinha, J) B.Kr./- U T