Ashok Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.45440 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45440 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -NAUTAN District- SIWAN ====================================================== Ashok Bhagat S/OP Budha Ram Bhagat, R/O village Semariya, O.S. Nautan, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Nautan P.S.Case No.108 of 2017 registered for offences punishable under Sections 272, 273, 308 of the Indian Penal Code and Section 30/38 of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 23 ltrs. of country-made liquor from the possession of the petitioner.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case at the instance of enemies of the petitioner. The petitioner is in custody since 23.6.2017. The petitioner is accused in one more case Heard learned A.P.P. also.

Having heard both sides and in view of allegation,

Patna High Court Cr.Misc. No.45440 of 2017 (2) dt.15-09-2017 this application is disposed of with direction to the learned court below that that once the charge is framed in this case or the petitioner remained in judicial custody for one more months, he shall release the petitioner in connection with Nautan P.S.Case No.108 of 2017 to his own satisfaction.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T