Patna High CourtCR. MISC./4257/2017dismissed

Sonu Kumar v. The State Of Bihar

2017-02-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4257 of 2017 Arising Out of PS.Case No. -468 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Sonu Kumar, S/o Late Ram Surat Rai, resident of Mohalla- Gadho Chak, Kirpal Tola, P.S.- Fatuha, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 Heard the parties.

This application is for grant of bail in connection with Fatuha P.S.Case No.468 of 2016 for the offence under Sections 30(A) of the Bihar Excise Act.

It is submitted on behalf of the petitioner that there is allegation of recovery of five bottles of foreign-made liquor from the possession of the petitioner and there is also allegation of recovery of 68 ltrs. of country-made liquor, which have been recovered from the outside of the house of the petitioner but that has not been recovered from the conscious possession of the petitioner. The petitioner is in custody for about two months and he has clean antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.4257 of 2017 (2) dt.13-02-2017 2/2 Having heard both sides. In view of the fact that a huge quantity of liquor has been recovered, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner is at liberty to renew his prayer for bail before the learned court below itself and after completion of six months of his custody, the court below, if any application is filed, will consider the allegation as well as the period detention of the petitioner and will dispose of the application of the petitioner without being prejudiced of the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U