Hari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2892 of 2017 Arising Out of PS.Case No. -446 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Hari Yadav, Son of Late Jag Yadav, Resident of Village: Dumara Bhat, P.S: Lauriya, District: West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 The petitioner is in custody since 01.12.2016 in connection with Excise Case No. 446 of 2016, registered for offences punishable under Sections 30(a) of the Bihar Excise Act. It has been submitted on behalf of the petitioner that though there is allegation of recovery of 50 litres of indian made foreign liquor, however the same was not recovered either from the conscious possession of the petitioner or from his house and he has been in judicial custody since 01.12.2016. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that huge quantity of liquor has been recovered from the petitioner, I am not inclined to grant the petitioner, the privilege of regular bail, at this Stage. Accordingly, the application for regular bail of the

Patna High Court Cr.Misc. No.2892 of 2017 (2) dt.10-02-2017 2/2 petitioner is, hereby, dismissed.

However, the petitioner may renew his prayer for bail after remaining in custody for a period of six months, before the Court below itself, which will be disposed of by learned Court below preferably on the same day, considering the period of detention of the petitioner.

(Vinod Kumar Sinha, J) sunil/- U T