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Patna High CourtCR. MISC./7801/2017dismissed

Purnmashi Ram v. The State Of Bihar

2017-02-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7801 of 2017 Arising Out of PS.Case No. -379 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Purnmashi Ram, son of Late Bhola Ram, Resident of Village- Panchsawa (Amara Talab), P.S.- Mufassil, (Sasaram), District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2017 The petitioner is in custody since 17.12.2016 in connection with Excise Case No. 379 of 2016, registered for offences punishable under Section 30(a) of Bihar Excise Act, 2016.

It has been submitted on behalf of the petitioner that petitioner only happens to be the driver of the vehicle from alleged recovery 4480 litres of country made liquor has been recovered and he has nothing to do with the alleged recovery. The petitioner has been in judicial custody since 17.12.2016. 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 possession of the petitioner, I am not inclined to grant him, the privilege of regular

Patna High Court Cr.Misc. No.7801 of 2017 (2) dt.22-01-2017 2/2 bail, at this stage, it is accordingly rejected. However, petitioner may renew his prayer for bail before the court below itself, after remaining six months in judicial custody and if any such application is filed, the same will be considered by the Court below on the merit of the case, without being prejudiced by the order of this Court.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U