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Patna High CourtCR. MISC./38268/2017disposed

Lambu Khatik @ Jailendra Kumar Sonkar v. The State Of Bihar

2017-09-04Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.38268 of 2017 (2) dt.04-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38268 of 2017 Arising Out of PS.Case No. -864 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Lambu Khatik @ Jailendra Kumar Sonkar Son of Late Shyamlal Sonkar, R/o Mohalla- Khatik Mohalla, Takia, P.S.- Sasaram (Model), DistrictRohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 The petitioner seeks regular bail in connection with Sasaram (Model) P.S. Case No. 864 of 2017, registered for offences punishable under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 378 litres of foreign liquor from a pick up van and petitioner was apprehended on spot. 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 he has nothing to do with the alleged recovery as he is not the owner of the pick up van from which the alleged recovery has been made. He is only the passer by and has been made accused in this case and now has been in judicial custody

Patna High Court Cr.Misc. No.38268 of 2017 (2) dt.04-09-2017 since 22.06.2017 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 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