Shailendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62004 of 2021 Arising Out of PS. Case No.-208 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== SHAILENDRA PRASAD S/o LATE MANGAL SAH @ MANGAL PRASAD R/o VILLAGE-MADHOPUR, DUMAR SAH KE TOLA, P.SBARAULI (MADHOPUR O.P), DISTRICT- GOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla, Adv.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), 37(b) and (c) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 15 litres of liquor was recovered from the house of the petitioner and the petitioner was arrested in an intoxicated state.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedents. The allegations in the F.I.R. are false and incorrect. The petitioner is in custody since 19.7.2021 and chargesheet has been submitted in the case.

The application for bail is opposed by learned

Patna High Court CR. MISC. No.62004 of 2021(2) dt.12-04-2022 2/2 A.P.P. for the State who submits that the petitioner has antecedents under the Bihar Prohibition and Excise Act, 2016. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. together with the petitioner having antecedents under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.

(Partha Sarthy, J) Saurabh/- U T