Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2822 of 2017 Arising Out of PS.Case No. -489 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Shankar Sah Son of Sitaram Sah Resident of Village- Singhrawa, P.S.- Chanparan, Distt- Hazaribagh (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 The petitioner is in custody since 02.12.2016 in connection with Barachatti P.S. Case No. 489 of 2016, registered for offences punishable under Sections 272, 273, and 120(B) of the Indian Penal Code and Section 30(a), 32(2), 38 and 47 of Bihar Excise Act, 2016.

It has been submitted on behalf of the petitioner that it is alleged that 67 litres of Indian made foreign liquor has been recovered, however, the petitioner has no concern with the alleged recovery. Petitioner only happens to be the driver of the vehicle from which the recovery has been made and he has been in judicial custody since 02.12.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that huge

Patna High Court Cr.Misc. No.2822 of 2017 (2) dt.09-02-2017 2/2 quantity of Indian made foreign liquor has been recovered from the possession of the petitioner, I am not inclined to grant him, the privilege of bail at this stage. The application is, accordingly, rejected.

However, petitioner may renew his prayer for bail in the court below itself after completion of four months in judicial custody and if any such application is filed, the court below shall dispose of the same, considering the period of detention. (Vinod Kumar Sinha, J) sunil/- U T