Patna High CourtCR. MISC./55575/2023rejected

Keshav Jha v. The State Of Bihar

2023-08-30Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55575 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== Keshav Jha Son Of Triveni Jha Resident Of Village- Sangram Fandah , PsRiga, Distt- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Kanhauli P.S. Case No. 109 of 2023 dated 01.07.2023, instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is recovery of 1548 Litres Nepali liquor from a four wheeler pickup van.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has no concern with the recovered liquor. It is submitted that the petitioner is neither the owner of the motorcycles and four wheeler pickup van nor the driver of the said vehicles. It is further submitted that the

Patna High Court CR. MISC. No.55575 of 2023(2) dt.30-08-2023 2/2 petitioner is in custody since 24.11.2022 and charge-sheet has been filed in this case.

5. Learned A.P.P for the State opposes the prayer for bail.

6. It appears that the petitioner has four criminal cases of similar nature.

7. Considering the antecedents of the petitioner, this Court is not inclined to release the petitioner on bail at this stage.

8. Accordingly, prayer for bail is rejected for the present.

9. However, the petitioner shall be released on bail by the Court below after framing of charge in the case on the sureties to be fixed by the Court below itself and also on such terms and conditions as the Court below may deem fit and proper in the facts and circumstances of the case. (Khatim Reza, J) Shanu/- U T