Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70717 of 2021 Arising Out of PS. Case No.-289 Year-2021 Thana- GORAUL District- Vaishali ====================================================== Anil Sah S/o Nathuni Sah Resident of Village- Mazia, P.S.- Goraul, DisttVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Goraul P.S. Case No. 289 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 329.58 litres of foreign liquor has been recovered from a pick-up van and this petitioner is alleged to have fled away after seeing the police party.

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 11.09.2021. Investigation is complete.

However, learned APP vehemently opposed the prayer

Patna High Court CR. MISC. No.70717 of 2021(2) dt.07-03-2022 2/2 for bail and submitted that petitioner has got criminal antecedent of similar nature.

Considering the facts and circumstances, I am not inclined to enlarge the petitioner above-named on bail. 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