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Patna High CourtCR. MISC./10540/2017dismissed

Ratan Mandal @ Hadda v. The State Of Bihar

2017-03-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10540 of 2017 Arising Out of PS.Case No. -790 Year- 2016 Thana -KATIHAR District- KATIHAR ====================================================== Ratan Mandal @ Hadda, S/o Anup Lal Mandal @ Kanak Lal Mandal, Resident of village - Hariganj Chowk, Koriapatti, P.S. Katihar Town, District - Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Katihar Town P.S.Case No. 790 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30A of Bihar Excise Act.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner, rather there is alleged recovery of 93 litres of wine from outside the house of the petitioner and he is in custody for more than three months.

Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and considering the fact,

Patna High Court Cr.Misc. No.10540 of 2017 (2) dt.21-03-2017 2/2 which is evident from the impugned order, that this is the second repeated offence of similar nature, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same within six months. If the trial is not concluded within the said period the petitioner will be at liberty to renew his prayer for bail before the court below itself.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U