Patna High CourtCR. MISC./9166/2017dismissed

Pradeep Kumar And ANR v. The State Of Bihar

2017-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9166 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -RIVILGANJ District- SARAN ======================================================

1. Pradeep Kumar S/o Sri Hari Kishore@ Hari shanker R/o VillageKeshampur Ihokasi, P.S.- Lodha, District- Aligarh (U.P)

2. Hajari Lal Bairwa @ Hajari Lal Son of Nathulal Bairwa, R/o VillageLakheshra, P.S.- Kanota, District- Jaipur (Rajasthan). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 The petitioners are in custody since 09.01.2017 in connection with Ravilganj P.S. Case No. 05 of 2014, registered for offences punishable under Sections 30, 30(A)/38 of Bihar Prohibition and Excise Act.

Allegation is of recovery of 2160 litres of indian made foreign liquor.

It has been submitted on behalf of the petitioners that petitioners only happen to be the driver and khalasi of the truck from which alleged recovery of indian made foreign liquor has been made. Petitioners have nothing to do with the alleged recovery. Petitioners have no criminal antecedent and they are languishing in judicial custody since 09.01.2017.

Patna High Court Cr.Misc. No.9166 of 2017 (2) dt.28-02-2017 2/2 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 petitioners the privilege of regular bail, at this stage, it is accordingly rejected.

However, the petitioner may renew his prayer for bail after completion of six months in judicial custody before the court below itself, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.

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