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Patna High CourtCR. MISC./13559/2022disposed

Mukesh Sahni @ Munna Sahni v. The State Of Bihar

2022-05-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13559 of 2022 Arising Out of PS. Case No.-972 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Mukesh Sahni @ Munna Sahni Son of Upendra Sahni @ Upendra Kumar Sahni Resident of Village- Baniya Hasanpur, P.S.- Taraiya, District- Saran at Chapra- 841424.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Marhowrah P.S. Case No. 972 of 2020, registered for the offence punishable punishable under Section 30, 30(a) of the Bihar Prohibition and Excise Act, 2018.

35 litres of spirit has been recovered from motorcycle of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Motorcycle in question does not belong to this petitioner and petitioner has got no concern with the seized liquor. Petitioner is in custody since 14.09.2021. Investigation is complete.

Patna High Court CR. MISC. No.13559 of 2022(2) dt.10-05-2022 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.

With above observation, the petition stands disposed of.

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