Rajeev Kumar Sah @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45071 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- BHAWANIPUR District- Purnia ====================================================== RAJEEV KUMAR SAH @ RAJEEV KUMAR, Son of Dhodhai Sah, Resident of Village- Priyankar Sondip, P.S.- Bhawanipur, District- Purnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-02-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Bhawanipur P.S. Case No. 155 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. He is in custody since 01.04.2021. The petitioner has got four criminal antecedents. Learned counsel for the petitioner submits that as per the prosecution story, on secret information, the informant searched the Scorpio vehicle bearing registration no. BR 10PB 5029 and recovered 93.750 litres of illicit liquor. It is alleged

Patna High Court CR. MISC. No.45071 of 2021(2) dt.22-02-2022 2/3 that the vehicle was found parked near Singhiyan Petrol Pump unattended.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner was not arrested on the spot and he had purchased the vehicle in question on bank loan and was earning his livelihood from the said vehicle. It is further submitted that the seizure list does not contain the signature of the petitioner.

Mr. Akhileshwar Dayal, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. It is submitted that the petitioner is accused in four other cases of similar nature.

Having regard to the allegation that the liquors have been recovered from the Scorpio of the petitioner and the petitioner has got four criminal antecedents of similar nature, giving an impression to this Court that he is indulging in trade of illicit liquor again and again, this Court is not inclined to release the petitioner on bail. The prayer for bail is, thus, refused.

Let the trial be expedited.

If the trial remains unconcluded within a period of

Patna High Court CR. MISC. No.45071 of 2021(2) dt.22-02-2022 3/3 nine months from the date of communication of this order for no reason attributable to the petitioner, he will be at liberty to renew his prayer for bail.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.