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Patna High CourtCR. MISC./6924/2017dismissed

Krishna 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.6924 of 2017 Arising Out of PS.Case No. -314 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Krishna Pandey, son of Sri Antu Pandey, residents of Village- Mahavir Asthan (Kudra), Police Station- Kudra, District- Kaimur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Nandan Kumar with Mr.Krishna Ranjan, Advocates For the Opposite Party/s : Mr. Shailendra Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kudra P.S.Case No. 314 of 2016 registered for the offences punishable under Sections 30(a) and 38(1) of the Excise Act. Submission of learned counsel for the petitioner is that petitioner has been falsely implicated by police as he has been granted bail in earlier case he has been made accused in this case and there is no independent witness to the seizure list. It has further been submitted that petitioner is in custody for two months. Heard learned APP also, who has opposed the prayer for bail stating that petitioner is a habitual offender as there was other cases against him and huge quantity of liquor has been recovered from his possession.

Patna High Court Cr.Misc. No.6924 of 2017 (2) dt.17-02-2017 2/2 In view of the fact that huge quantity of liquor has been recovered as well as criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner at this stage. However, petitioner may renew his prayer for bail after six months before the court below.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U