Mahendra Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.38099 of 2017 (4) dt.24-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38099 of 2017 Arising Out of PS.Case No. -399 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Mahendra Kumar Singh S/o Shanti Singh R/o Baghmara, P.S. Baghmara, District - Dhanbad, Jharkhand.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avanish Kumar Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 The petitioner seeks regular bail in connection with Barachatti P.S. Case No. 399 of 2017, registered for offences punishable under Sections 30(a)(g), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 180 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only on the basis of suspicion and nothing has been recovered from his possession and he has no criminal antecedent and has been in judicial custody since 09.07.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with the

Patna High Court Cr.Misc. No.38099 of 2017 (4) dt.24-08-2017 direction to the court below to release the petitioner on bail to his own satisfaction once charge is framed in this case or after completion of three months of judicial custody of the petitioner, whichever is earlier.

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