Pankaj Kumar Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49033 of 2017 Arising Out of PS.Case No. -309 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Pankaj Kumar Mishra, Son of Ram Nath Mishra, Resident of VillageVidya Jhap, P.S. Sakra, District- Muzaffarpur.

2. Suresh Kumar, Son of Sogarath Mahto, Resident of Village Dhankaul, P.S. Patepur, District- Vaishali.

3. Chandan Kumar, Son of Shatrughan Das, resident of Village- Gangapur, P.S.- Pusa, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioners seek regular bail in connection with Sakra P.S.Case No.309 of 2017 registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Seciton 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioners is about recovery of 2860 ltrs. of liquor and 596 kartoon of cough syrup and the petitioners and other co-accused persons were arrested at the spot. Submission of the learned counsel for the petitioners is that FIR itself shows that they are loader and the liquor belongs to other co-accused persons. Now they have remained in custody

Patna High Court Cr.Misc. No.49033 of 2017 (2) dt.13-10-2017 2/2 for 1 1⁄2 months and they have no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioners were arrested at the spot and there is recovery of huge quantity of liquor as well as cough syrup, as this stage, I am not inclined to grant bail to the petitioners, however, the learned trial court is directed to expedite the trial of the petitioners and try to conclude it within a period of four months, and if not concluded, the learned trial court shall release the petitioners in connection Sakra P.S.Case No.309 of 2017 to his own satisfaction. With the above observation, this application is disposed of.

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