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Patna High CourtCR. MISC./2932/2017disposed

Sunil v. The State Of Bihar

2017-02-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2932 of 2017 Arising Out of PS.Case No. -180 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Sunil, Son of Sri Siyaram, resident of village - Kumavar, P.S. - Basrehar, District - Itawa (UP).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Baisi PS case no. 180 of 2016 for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) and 41(i) of the Bihar Excise (Amendment) Act, 2016.

It is submitted on behalf of petitioner that he has nothing to do with the seizure of 1,000 liters of spirit as he is only a cleaner of the truck and the owner and driver are some other persons. It is further submitted that he is under custody since 21.10.2016.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.

Patna High Court Cr.Misc. No.2932 of 2017 (2) dt.10-02-2017 2/2 Having heard both sides. In view of recovery of huge quantity of spirit, at this stage, I am not inclined to grant bail to the petitioner. As such, his prayer for bail is rejected. However, petitioner may renew his prayer for bail before the court concerned after completion of period of detention after six months and the and the court concerned, after considering the period of detention, will pass appropriate order on its own merit without being prejudiced by the order of this Court.

With these observations, this bail application is disposed of.

(Vinod Kumar Sinha, J.) rinkee/- U T