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Patna High CourtCR. MISC./24790/2017rejected

Dinesh Kumar @ Dharmendra And ANR v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24790 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -BANIAPUR District- SARAN ======================================================

1. Dinesh Kumar @ Dharmendra, Son of Ashok Kumar, Resident of Village- Akabarpur Baragaon, P.S.- Lodha, District- Aligarh (U.P.).

2. Dalveer Singh, Son of Ram Chandra Singh, Resident of VillageAkabarpur Baragaon, P.S.- Lodha, District- Aligarh (U.P.). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Baniyapur P.S.Case No. 41 of 2017 registered for the offences punishable under Sections 30, 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is that one vehicle was intercepted and altogether 4369 litres of wine has been recovered. It has been submitted on behalf of the petitioners that they are driver and cleaner and not owner of the vehicle and they have nothing to do with the seized article and they are in custody for four months.

Heard learned APP also.

Patna High Court Cr.Misc. No.24790 of 2017 (3) dt.05-07-2017 2/2 Having heard both sides and in view of recovery of huge quantity of liquor, I am not inclined to grant bail to the petitioners.

However, petitioners may renew prayer for bail after framing of charge before court below, who shall consider the bail application of the petitioners and pass an appropriate order. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U