Patna High CourtCR. MISC./19094/2022disposed

Brij Singh @ Brij Kishore Singh v. The State Of Bihar

2022-05-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19094 of 2022 Arising Out of PS. Case No.-11 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Brij Singh @ Brij Kishore Singh Son of Kailash Singh Resident of Village - and P.s.- Masrakh, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chhapra Town P.S. Case No. 11 of 2019, registered for the offence punishable punishable under Section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

2682 litres of foreign liquor has been recovered from a truck and this petitioner is alleged to have fled away from the place of recovery.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither owner nor driver of vehicle in question has got no concern with the seized liquor. Petitioner is in custody since 16.01.2022. Investigation is complete.

Patna High Court CR. MISC. No.19094 of 2022(2) dt.26-05-2022 2/2 Learned APP however vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedent of similar nature.

Considering the criminal antecedents of the petitioner, I am not inclined to enlarge the petitioner above-named 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