Phekan Kumar @ Phekan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9481 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Phekan Kumar @ Phekan Sah Son Of Ram Chandra Sah Resident Of VillageBhaudiha, P.S.- Tariyani Chhapra, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Kanhaiya Kishore App ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Tariyani P.S. Case No. 214 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016-18. 01 litre of country made liquor has been recovered from possession of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is in custody since 28.12.2021. Investigation is complete.

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

Patna High Court CR. MISC. No.9481 of 2022(2) dt.18-04-2022 2/2 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