Patna High CourtCR. MISC./8359/2022disposed

Sanjit Kumar v. The State Of Bihar

2022-04-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8359 of 2022 Arising Out of PS. Case No.-87 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Sanjit Kumar Son of Late Dayali Sah @ Dayal Sah Resident of Village - Mahiyamalpur, P.S.- Patepur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan For the Opposite Party/s :

Mr.Nityanand ====================================================== 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 Patepur P.S. Case No. 87 of 2021, registered for the offence punishable punishable under Sections 30(a), 32(2), 38(2) and 41(1) of the Bihar Prohibition and Excise Act, 2018.

2053 litres of illicit liquor has been recovered from Chaur.

It is submitted that name of petitioner transpired in this case on the basis of confessional statement of co-accused Sanjay Kumar Sah and Manish Kumar. No recovery has been made from conscious possession of this petitioner and he has got no concern with the seized liquor. Petitioner is in custody since 13.10.2021. Investigation is complete.

Patna High Court CR. MISC. No.8359 of 2022(2) dt.11-04-2022 2/2 Learned APP however vehemently opposed the prayer 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