Kishori Sah @ Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74955 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Kishori Sah @ Kishor Sah Son of Late Satan Sah @ Stayanarayan Sah R/vHiramani, P.S.- Chhauradano, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 276 of 2022 lodged under Sections 272, 273 of the I.P.C. read with Section 30(a) of Bihar Prohibition and Amendment Act, 2022.

As per the prosecution case, the total recovery of 20 litre wine has alleged to be made from the Gawas, is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Nothing was recovered from his possession. His name has come in this case from the place of occurrence and apprehended in police

Patna High Court CR. MISC. No.74955 of 2022(2) dt.25-03-2023 2/2 raid.

Counsel further submits that there are 5 criminal cases pending against the petitioner and all the 5 cases are relating to excise matter in which he is on bail. Counsel submits that petitioner is in custody since 13.08.2022.

Upon specific query whether charge has been framed or not. As per the knowledge of counsel, charge has not been framed.

Learned counsel for the State opposes the prayer for bail and submits that petitioner is accused in 5 similar types of cases and it is the 6th case filed against him. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail 2 months after framing of charge.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T