Patna High CourtCR. MISC./7079/2017disposed

Chandan Kumar Pandey @ Chandan Pandey v. The State Of Bihar

2017-02-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7079 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chandan Kumar Pandey @ Chandan Pandey Son of Ghanshyam Pandey resident of village - Patharighat Khushi Tola, P.S. - Bairiya, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 The petitioner is in custody since 03.09.2016 in connection with Balthar P.S. Case No. 257 of 2016, registered for offences punishable under Section 47(A), 57 of the Bihar Excise (Amendment) Act, 2016.

Allegation is of recovery of 153 litres of Nepali liquor. It has been submitted on behalf of the petitioner that neither anything has been recovered from the possession of the petitioner nor the petitioner has been apprehended on the spot but only on the basis of confessional statement of co-accused, namely, Ranjan Kumar, the petitioner has been made accused in the present case and he has been in judicial custody since 03.09.2016. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.7079 of 2017 (2) dt.17-02-2017 2/2 Having heard both side, considering the fact that huge quantity of liquor has been recovered in this case and also that petitioner has criminal antecedent as he is accused in as many as two other cases, out of which one case is of similar nature as the present one, I am not inclined to grant the petitioner, the privilege of bail, at this stage, it is accordingly rejected. However, the petitioner may renew his prayer for bail in the court below itself after remaining in custody for further four months.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U