Patna High CourtCR. MISC./23995/2017rejected

Dinesh Kumar @ Dinesh Prasad v. The State Of Bihar

2017-06-15Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23995 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dinesh Kumar @ Dinesh Prasad Son of late Raju Prasad Resident of Village- Bhawanipur Jirat, P.S. Chhatauni, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-06-2017 Heard learned counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Chhatauni P.S. Case No.66 of 2017 registered under Sections 30(A), 37 (D) of Bihar Prohibition and Excise Act.

Allegation in brief is that from the house of the petitioner, 36 bottles of foreign liquor each containing 180 ml and another 46 bottles each containing 375 ml were recovered and it is alleged that he is engaged in selling liquor. Learned counsel appearing on behalf of the petitioner submits that one of the co-accused Shivnath has been granted bail by a Co-ordinate Bench of this Court and the case of the petitioner stands on similar footing.

The learned A.P.P. submits that the case of Shivnath

Patna High Court Cr.Misc. No.23995 of 2017 (2) dt.15-06-2017 2/2 stands on different footing as he is son of late Raj Kumar Ram whereas petitioner and Rahul Prasad, father's name is late Raju Prasad and liquor was recovered from their house. Moreover, there is also compliance of Section 100 Cr.P.C. or a copy of the seizure list was also received by the petitioner.

Considering the aforesaid facts and circumstances, prayer for bail of the petitioner at this stage is rejected. However, the petitioner may renew prayer for bail after three months. (Arun Kumar, J) N.H./- U T