Patna High CourtCR. MISC./12307/2022disposed

Abhimanyu Singh v. The State Of Bihar

2022-04-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12307 of 2022 Arising Out of PS. Case No.-174 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== Abhimanyu Singh S/o Nand Kumar Singh R/o village- Baluwa, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Sugauli P.S. Case No. 174 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 40 litres of country made liquor and 1000 litres of spirit has been recovered from a field and this petitioner is alleged to be one of the persons who fled away after noticing the police party.

It is submitted that no recovery has been made from conscious possession of this petitioner. Recovery has been made from open place which is accessible to general public. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 26.11.2021. Investigation is complete.

Patna High Court CR. MISC. No.12307 of 2022(2) dt.29-04-2022 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