Patna High CourtCR. MISC./5786/2017disposed

Munilal Yadav v. The State Of Bihar

2017-02-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5786 of 2017 Arising Out of PS.Case No. -661 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Munilal Yadav, son of late Badri Yadav, resident of Village- Basantpur Fulabaria, P.S. Akbarnagar, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, 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 Kotwali (Barari) P.S.Case No. 661 of 2016 registered for the offences punishable under Sections 30(a) and 38 of the Excise Act, 2016.

It has been submitted on behalf of the petitioner that though there is allegation of seizure of 163 litres of wine but the petitioner is nowhere related with such seizure as he is a passenger of the vehicle and he has nothing to do with the aforesaid seizure and he has remained in custody for three months and has clean antecedent.

Heard learned APP also.

Having heard both sides and considering the facts

Patna High Court Cr.Misc. No.5786 of 2017 (2) dt.16-02-2017 2/2 stated in the FIR itself that all three accused persons have boarded the Scorpio vehicle and have brought wine from Deoghar and also considering the fact that a huge quantity of wine has been recovered, I am not inclined to grant bail to the petitioner. However, petitioner may renew his prayer for bail before the court below after completion of six months period in custody, which will be considered by the court below itself, without being prejudiced by this order keeping in view the period of detention also.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U