Shyam Rai @ Shyam Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1492 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== SHYAM RAI @ SHYAM BABU RAI S/O LATE DHANUSH RAI @ DHANUKH RAI R/o village- Kauriya, Lalpur, P.S.- Runnisaidpur, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar Mr.Birendra Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 30(a)/36/41(i) of Bihar Prohibition and Excise Act.

As per the prosecution case, 2014 liters of illicit foreign liquor has been recovered from different vehicles and petitioner is alleged to have assisted in procuring the illicit liquor.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from an open place. Petitioner is in custody since 22.09.2021.

However, learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got twelve

Patna High Court CR. MISC. No.1492 of 2022(3) dt.26-04-2022 2/2 criminal antecedent, out of which, ten cases are of similar nature.

Considering the aforesaid facts and circumstances as well as 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