Patna High CourtCR. MISC./66029/2023bail rejected

Niraj Kumar v. The State Of Bihar

2023-10-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66029 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== NIRAJ KUMAR S/o- MADAN KUMAR @ MADAN RAI VillageSundarpur Kharauna Ps- Sheohar Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sheohar P.S. Case no. 191 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a raid being conducted, the petitioner was caught and a total of 724 litres of liquor was recovered from a small room by the side of his house, used for purpose of storage.

4. Learned counsel for the petitioner submits that from perusal of the F.I.R, it would transpire that information received was with respect to liquor having been kept in the house of Sunil Kumar who happens to be the brother and not this petitioner. Further, as per instruction received, the co-

Patna High Court CR. MISC. No.66029 of 2023(2) dt.18-10-2023 2/2 accused father of the petitioner has been enlarged on anticipatory bail. No incriminating article has been recovered from the petitioner's conscious possession. He is in custody since 29.7.2023.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 724 litres of liquor from the house of the petitioner and others together with the petitioner having an antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after completing one year in custody. (Partha Sarthy, J) Shiv/- U T