Patna High CourtCR. MISC./45935/2017disposed

Rohit Kumar Mishra @ Rohit Kumar And ANR v. The State Of Bihar

2017-09-19Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45935 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45935 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. ROHIT KUMAR MISHRA @ ROHIT KUMAR, son of Arun KLumar Mishra @ Arun Prakash Mishr, resident of Village- Bhawanipur, P.S.- Sangrampur, District- East Champaran.

2. Vikash Kumar, Son of Late Shankar Rai, resident of Mohalla- Sri Krishna Nagar, P.S.- Motihari Town, District- East Champaran. .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioners seek regular bail in connection with Dhaka Excise Case No. 23 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 1008 litres of Nepali Saufi liquor from the vehicle.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case at the instance of SSB personals and in fact nothing has been recovered from their conscious possession. Further petitioners have no criminal antecedents and have been in judicial custody since 07.06.2017.

Patna High Court Cr.Misc. No.45935 of 2017 (2) dt.19-09-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the quantity of recovery, this application is disposed of with the direction to the court below to release the petitioners to his own satisfaction once charge is framed in this case or after completion of six months of judicial custody of the petitioners, whichever is earlier. (Vinod Kumar Sinha, J) sunil/- U