Md. Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48015 of 2017 Arising Out of PS.Case No. -450 Year- 2017 Thana -ARARIA District- ARRARIA ====================================================== Md. Jamal, S/o Sabjul, R/o Village- Bilayatibari Rampur, P.S.- Chakulia, District- Uttar Dinajpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Araria P.S. Case No. 450 of 2017 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and 30(A), 36 and 38 of Bihar Prohibition and Excise Act. Allegation is of recovery of 135 litres of liquor from vehicle and petitioner is said to be owner of the seized articles and he is made accused in one more case.

Submission of learned counsel for the petitioner is that he has not been arrested at the spot, rather on the basis of confidential report he has been made accused in this case and so far other case is concerned, he is on bail from the court below itself. Further submission is that he is in custody for three months.

Patna High Court Cr.Misc. No.48015 of 2017 (2) dt.12-10-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the allegation and criminal antecedent, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to conclude the trial within a period of three months. If trial is not concluded within the said period, learned trial court will release the petitioner on bail to its own satisfaction.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U