Patna High CourtCR. MISC./41576/2017disposed

Ajay Sah v. The State Of Bihar

2017-09-08Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.41576 of 2017 (2) dt.08-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41576 of 2017 Arising Out of PS.Case No. -324 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Ajay Sah, Son of Ashok Sah, Resident of Village- Bara Sumera, P.S.- Kudhni, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nitu Kumari For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 The petitioner seeks regular bail in connection with Muzaffarpur Sadar P.S. Case No. 399 of 2017, registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a), 38, 41 and 48of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 817 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and he only happens to be the driver of pick up van from which the alleged recovery has been made. It has also been submitted that other co-accused of this case, who was khalasi of the said pick up van, has already been granted bail vide order dated 25.08.2017 passed in Criminal Misc. No. 37756 of 2017 and petitioner has no criminal antecedent and

Patna High Court Cr.Misc. No.41576 of 2017 (2) dt.08-09-2017 has been in judicial custody since 26.06.2017. Heard learned A.P.P. also.

Having heard both sides, considering the fact in this case huge quantity of liquor has been recovered, as such, this application is disposed of with the direction to the court below to release the petitioner to his own satisfaction once charge is framed in this case or after completion of five months of judicial custody of the petitioner, whichever is earlier.

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