Mithun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8372 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- BARH District- Patna ====================================================== Mithun Chaudhary Son of Chandi Choudhary Resident of village - Agwanpur, P.s. Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Barh P.S. Case No. 114 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 30 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. The liquor has been recovered from the house which is in joint possession of family members. Petitioner is in custody since 15.09.2021. 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.8372 of 2022(2) dt.11-04-2022 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