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Patna High CourtCR. MISC./69162/2018disposed

Ramesh Kumar v. The State Of Bihar

2018-12-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69162 of 2018 Arising Out of PS. Case No.-1010 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Ramesh Kumar Son of Late Ram Chandra Singh, resident of Village- Sarda Nagar, Ward No. 27, P.S. Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-12-2018 The petitioner seeks bail in connection with Special Case No. 455 of 2018 arising out of Saharsa P.S.Case No. 1010 of 2018 registered under Section 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016 .

Allegation is of recovery of 898 litres from the pick-up van and petitioner was arrested there.

Submission of learned counsel for the petitioner is that petitioner was only driver of the seized vehicle and he had no knowledge about the loaded articles and he is in custody for more than three months having no criminal antecedent. Heard learned APP also.

Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.

Patna High Court Cr.Misc. No.69162 of 2018(2) dt.04-12-2018 2/2 However, once the petitioner completes five months in custody or the charge is framed against him, whichever is earlier, the trial court shall release the petitioner on bail to its own satisfaction.

Accordingly, this application stands disposed of. (Vinod Kumar Sinha, J) sujit/- U T