Dhaneshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18757 of 2022 Arising Out of PS. Case No.-307 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== DHANESHWAR SAHNI S/o Shree Biharilal Sahni R/o village- Hasanpur Buzurg, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mrs.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

68.250 liters of country-made liquor has been recovered from a car and petitioner was identified by local chowkidar while he was fleeing away from the place of occurrence.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from the house, which is in joint possession of the family. Petitioner is in custody since 21.02.2022.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got one criminal

Patna High Court CR. MISC. No.18757 of 2022(2) dt.26-05-2022 2/2 antecedent of similar nature.

Considering the aforesaid facts and circumstances as well as the fact that petitioner has got criminal antecedent of similar nature of case, 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