Patna High CourtCR. MISC./60840/2018disposed

Ajay Kumar Chaudhary v. The State Of Bihar

2018-10-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60840 of 2018 Arising Out of PS.Case No. -67 Year- 2018 Thana -SIWAIPATTI District- MUZAFFARPUR ======================================================

1. Ajay Kumar Chaudhary, S/o Ranjit Chaudhary, Resident of VillagePaigambarpur, P.S.- Siwaipatti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 Heard the parties.

This application is for grant of regular bail in connection with Siwaipatti P.S.Case no.67 of 2018 for the offences under Sections 272, 273 and 120B of the Indian Penal Code and Sections 30(a), 38, 41 and 48 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner about recovery of 1249 ltrs. of liquor from the house of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, having no criminal antecedent and the other co-accused persons have been granted privilege of the anticipatory bail, vide order dated 27.9.2018 passed in Cr. Misc. No.59630 of 2018 and order

Patna High Court Cr.Misc. No.60840 of 2018 (2) dt.10-10-2018 2/2 dated27.9.2018 passed in Cr. Misc. No.56768 of 2018. He is in custody since 9.8.2018.

Heard learned A.P.P. also and from perusal of the order passed by the Co-ordinate Bench of this Court, it appears that the petitioners in those cases were named on the confession of the petitioner of the present case and there is no recovery from their possession whereas the recovery in this case is from the house of the petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, once he completes three months further custody, he shall be released on bail in connection with Siwaipatti P.S.Case No.67 of 2018 to the satisfaction fo the learned trial court.

With the aforesaid observation, this application is disposed of .

(Vinod Kumar Sinha, J) chn/- U