Patna High CourtCR. MISC./7837/2017dismissed

Chhotu Choudhary And ORS v. The State Of Bihar

2017-02-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7837 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Chhotu Choudhary, son of Mahendra Choudary,

2. Munna Yadav, son of Sanuay Yadav

3. Umesh Kumar Ravi, son of Ramchandra Ram all residents of VillageDeori-Kala, P.S. Hussainabad Dist Palamu (Jharkhand). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Navinagar P.S.Case No. 188 of 2016 registered for the offences punishable under Section 30(A) of Bihar Excise Act, 2016. It has been submitted on behalf of the petitioners that there is nothing on the record to show that as to what article has been recovered from the possession of the petitioners and there is general and omnibus allegation of alleged recovery of 120 litres of country made litres and petitioners are in custody since 20.11.2016.

Heard learned APP also.

Having heard both sides and from perusal of the FIR it

Patna High Court Cr.Misc. No.7837 of 2017 (2) dt.22-02-2017 2/2 appears that police has intercepted three motorcycles in which petitioners along with two other accused have been arrested and from their possession 120 litres of country made liquor has been recovered, although there is nothing on the record that from whose possession the same has been recovered, I am not inclined to grant bail to the petitioner at this stage. However, petitioners may renew their prayer for bail after completion of six months period in custody before the court below itself.

With the aforesaid observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U