Mahendra Jee @ Mahendra Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5798 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mahendra Jee @ Mahendra Sah, son of Late Jirjodhan Sah, resident of village & P.S. Kangli, District West Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Union of India through SSB, 13 Battalion, BOP Sonwings, West Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kangli P.S.Case No. 34 of 2016 registered for the offences under Sections 272, 273 of the Indian Penal Code and Section 30 of Bihar Excise Amendment Act, 2016.

It has been submitted on behalf of the petitioner that there is alleged recovery of 105 litres of Nepali wine but the whole story is unbelieveable as it is alleged that recovery has been made from a bicycle and petitioner has remained in custody for three months.

Heard learned APP also.

Having heard both sides and considering the fact that huge quantity of wine has been recovered from the petitioner, I am

Patna High Court Cr.Misc. No.5798 of 2017 (2) dt.16-02-2017 2/2 not inclined to grant bail to the petitioner. He may renew his prayer for bail after completion of custody for six months and learned court below will consider the prayer for bail keeping in view the period of custody as well as other materials available on record and dispose it of without being prejudiced by this order. With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U