Patna High CourtCR. MISC./53792/2015rejected

Kali Prasad v. The State Of Bihar

2015-11-30Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53792 of 2015 Arising Out of PS.Case No. -355 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kali Prasad son of Late Sanjay Prasad, resident of village- Shekhauna, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Anil Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. More than 200 litres country made liquor were recovered from the shop of the petitioner.

The contention on behalf of the petitioner is that petitioner does not have any criminal antecedent and therefore, even if the prosecution story assumed to be true, then also, petitioner has sufficiently been punished by remaining in jail custody since 01.10.2015.

Considering the aforesaid submissions as well as facts and circumstances of the case, I am not inclined to release the petitioner on bail, at least, at this stage and hence, his prayer

Patna High Court Cr.Misc. No.53792 of 2015 (2) dt.30-11-2015 2/2 for bail in connection with Ghorasahan P.S. Case No. 355 of 2015 pending in the court of Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran stands rejected. However, learned trial court is directed to conclude the trial of the petitioner within three months from the date of remand of the petitioner in jail custody and if the trial court fails to dispose of case of the petitioner within the above stated period, the petitioner shall be released on bail by the concerned court itself fixing the amount of bail bonds on its own level. (Hemant Kumar Srivastava, J) SHAHZAD/- U T