Patna High CourtCR. MISC./14198/2022disposed

Santosh Kumar @ Santosh Kumar Chaudhary v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14198 of 2022 Arising Out of PS. Case No.-230 Year-2021 Thana- GURUA District- Gaya ====================================================== Santosh Kumar @ Santosh Kumar Chaudhary Son Of Kishori Chaudhary R/O Village- Gulni, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== 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 Gurua P.S. Case No. 230 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 35 litres of country made liquor has been recovered from the Scooty of petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. The said Scooty does not belong to this petitioner and he has got no concern with the seized liquor. Petitioner is in custody since 25.01.2021. Investigation is complete.

Learned APP however vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedent

Patna High Court CR. MISC. No.14198 of 2022(2) dt.10-05-2022 2/2 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