Gautam Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69224 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Gautam Soni S/o Mahesh Soni Resident of Village- Babu Chilhki, P.S.- Amba, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Yadav For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Amba P.S. Case No. 142 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 454 litres of country made liquor has been recovered from a tempo and name of this petitioner has come in this case on confession of co-accused Md. Ibrar Ansari. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question and has got no concern with the seized liquor. Petitioner is in custody since 20.09.2021. Investigation is complete.

Learned APP however vehemently opposed the prayer

Patna High Court CR. MISC. No.69224 of 2021(2) dt.22-12-2021 2/2 for bail and submitted that petitioner has got criminal antecedent and two cases of similar nature are pending against him. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge Excise Act, Aurangabad in connection with Amba P.S. Case No. 142 of 2021, once the charge is framed in the case. (Prabhat Kumar Singh, J) vinita/- U T