Gajendra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8355 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== Gajendra Sahani Son Of Baran Sahani R/O Village- Belwa Narkatiya, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== 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 Piprahi P.S. Case No. 134 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 858 litres of illicit liquor has been recovered from the field of one Prabhu Sahni.
It is submitted that petitioner is not named in the FIR. During course of investigation name of petitioner transpired in this case. No incriminating article has been recovered from conscious possession of this petitioner. The field does not belong to this petitioner. Petitioner is in custody since 21.10.2021. Investigation is complete.
Learned APP however vehemently opposed the prayer
Patna High Court CR. MISC. No.8355 of 2022(2) dt.11-04-2022 2/2 for bail and submitted that petitioner has got criminal antecedent 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