Nanhaku Pasi v. The State Of Bihar

Patna High Court Cr.Misc. No.40055 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40055 of 2017 Arising Out of PS.Case No. -716 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Nanhaku Pasi Son of Late Anant Pasi Resident of village- Nayay, P.S.- Agrer, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The petitioner seeks regular bail in connection with Sasaram (Town) Agrer P.S. Case No. 716 of 2017, registered for offences punishable under Section 30(a), 38 and 41 of Bihar Excise Prohibition and Product Act and Section 25(1-b)A, 26 of the Arms Act.

Allegation against the petitioner is of recovery of nine litres of country made wine along with one country made pistol. It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and he has falsely been implicated in this case rather the recovery has been made beside a tree situated near the house of the petitioner and that too at the instance of other co-accused. Further he has been in judicial custody for last three months.

Patna High Court Cr.Misc. No.40055 of 2017 (2) dt.23-08-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation at present, I am not inclined to release the petitioner on bail rather petitioner may renew his prayer for bail after two months from today. With the above observation, this application is disposed of.

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