Petitioner applied for regular bail in a charge under section 30(a) of the Bihar Prohibition and Excise Act, 2016. High Court rejected the application as the petitioner has criminal antecedents under a separate Bihar Act.
Application rejected; liberty to renew prayer after completing one year of custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25051 of 2021
Arising Out of PS. Case No.-21 Year-2021 Thana- KURSAKANTA District- Araria
======================================================
KARTIK YADAV, S/O SADANAND YADAV, R/O VILLAGE-PAKDERA WARD NO 14, P.S-KURSAKANTA, DISTRICT-ARARIA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 22-09-2021
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant
of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, a total of 155.7 litres of Nepali liquor was recovered from possession of the petitioner and one another.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody since 25.1.2021 and co-accused in the instant case has been enlarged on bail.
Heard learned APP for the State.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.25051 of 2021(2) dt.22-09-2021 2/2
taking into consideration the facts of the case together with the petitioner having criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail. The application is rejected.
Liberty is granted to the petitioner to renew his prayer for bail after completing one year in custody.
(Partha Sarthy, J)
Spd/-
U T
1 issue framed by the court
Whether the petitioner warranting regular bail shall be enlarged having regard to his criminal antecedents under the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Kartik Yadav
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
