Deepak Sah@Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9071 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== DEEPAK SAH@DIPAK KUMAR Son of Kishan Sah @ Kishun Sah Resident of Village - Nawada, P.s.- Naugachia, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a)/32 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 12 liters of country made liquor has been recovered from house of this petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 19.07.2021. Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail. He submits that the petitioner has got identical criminal antecedent.

Patna High Court CR. MISC. No.9071 of 2022(2) dt.12-04-2022 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

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