Patna High CourtCR. MISC./46621/2017disposed

Raj Kumar Prasad v. The State Of Bihar

2017-10-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46621 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Raj Kumar Prasad S/o Khoobi Lal Prasad Resident of village-Tajpur, P.S.- Chawparan, Dist.- Hajaribag .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Mishra For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Barachatti P.S. Case No. 433/2016, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 28(1), 38 and 47 of the Bihar Prohibition of Excise Act. Earlier the prayer for bail of the petitioner was rejected, vide order at Annexure-2, as huge quantity of wine was recovered from his possession and he was arrested on the spot. Submission of learned counsel for the petitioner is that now he has remained in custody for more than eleven months. His economical condition is also not good and there is no chance of conclusion of trial. He is ready to abide by any condition imposed

Patna High Court Cr.Misc. No.46621 of 2017 (2) dt.11-10-2017 2/2 upon him by the Hon'ble Court. Further he has got no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances that the petitioner remained in custody for more than eleven months, this application is disposed of with direction to the learned trial court to verify the fact. If charge has not been framed and there is no substantial progress in the trial, the petitioner will be released on bail on satisfaction of the learned trial court.

(Vinod Kumar Sinha, J.) Rakhi U T