Patna High CourtCR. MISC./5785/2022disposed

Jitendra Chaudhary @ Jitendra Chaudary @ Jitendra Mahto v. The State Of Bihar

2022-04-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5785 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- BALIGAON District- Vaishali ====================================================== Jitendra Chaudhary @ Jitendra Chaudary @ Jitendra Mahto S/o Fuleshwar Mahto R/o village- Bela Sandhan, P.S.- Baligaon, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Baligaon P.S. Case No. 10 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 270 litres of country made liquor has been recovered from house of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Liquor has been recovered from a house which is in joint possession of family. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 22.11.2021. Investigation is complete. Learned APP however vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedent

Patna High Court CR. MISC. No.5785 of 2022(2) dt.05-04-2022 2/2 of similar nature.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

(Prabhat Kumar Singh, J) vinita/- U T