Mahendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13260 of 2022 Arising Out of PS. Case No.-44 Year-2021 Thana- BUDHUCHAK District- Bhagalpur ====================================================== MAHENDRA SAHNI Son of Late Shital Sahni Resident of village - Goghatta, P.S.- Budhuchak, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Sections 188 / 290 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, 5 liters of country-made liquor has been recovered from the possession of this petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Petitioner is in custody since 27.10.2021.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got criminal antecedent and he is accused in two more cases of similar nature.

Patna High Court CR. MISC. No.13260 of 2022(2) dt.06-05-2022 2/2 Considering the aforesaid facts and circumstances as well as the fact that petitioner has got criminal antecedent of similar nature of cases, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge. (Prabhat Kumar Singh, J) anay/- U T