Patna High CourtCR. MISC./7989/2017dismissed

Himanshu Kumar @ Himanshu Kumar Singh And ANR v. The State Of Bihar

2017-02-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7989 of 2017 Arising Out of PS.Case No. -284 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Himanshu Kumar @ Himanshu Kumar Singh, son of Birendra Singh, resident of Village- Rangpur, Police Station- Patahi, District- East Champarn.

2. Subham Kumar, son of Jata Shankar Pandey, resident of VillageSenwariya, Police Station- Majhauliya, District- West Champarn. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Chhatauni P.S.Case No. 284 of 2016 registered for the offences punishable under Section 30(A) of Bihar Excise Amendment Act, 2016.

It has been submitted on behalf of the petitioners that nothing has been recovered from the possession of the petitioners and recovery of wine has been made from pickup van and neither the any of the petitioners is driver nor the owner of the van and they have remained in custody for three months. Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.7989 of 2017 (2) dt.23-02-2017 2/2 for bail stating that there is recovery of huge quantity of liquor from the possession of the petitioners.

Having heard both sides and considering the fact that there is recovery of huge quantity of wine, I am not inclined to grant bail to the petitioner. He may renew his prayer for bail after six months before the court below, who will consider the period of detention and other materials on record and passed appropriate order without being prejudiced by this order. This application is dismissed.

(Vinod Kumar Sinha, J) spal/- U