Rahul Kumar @ Rahul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1783 of 2022 Arising Out of PS. Case No.-124 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== RAHUL KUMAR @ RAHUL RAI S/o Surendra Rai R/o Village- Litiyahi, P.S. - Raghopur (Rustampur O.P.), Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, out of total recovery of 2409.715 liters of illicit liquor from different places, 245 liters of foreign liquor has been recovered from the house of petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from the house, which is in joint possession of the family. Petitioner is in custody since 05.10.2021.

However, learned A.P.P. for the State has opposed the

Patna High Court CR. MISC. No.1783 of 2022(2) dt.22-03-2022 2/2 bail petition and submitted that petitioner has got criminal antecedent and he is accused in three more cases, in which, two cases are of similar nature.

Considering the aforesaid facts & circumstances and the fact that petitioner has got criminal antecedent of similar nature of cases, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge. (Prabhat Kumar Singh, J) anay/- U T