Patna High CourtCR. MISC./30042/2017dismissed

Munna Choudhary @ Munai Choudhary v. The State Of Bihar

2017-07-31Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.30042 of 2017 (4) dt.31-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30042 of 2017 Arising Out of PS.Case No. -88 Year- 2017 Thana -KIUL RAIL P.S. District- LAKHISARAI ======================================================

1. Munna Choudhary @ Munai Choudhary S/o late Mahendra Choudhary, resident of Bakhtiyarpur, Bettiah, Ward No. 18, P.S. Bakhtiyarpur, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2017 The petitioner seeks regular bail in connection with Kiul G.R.P.S. Case No. 88 of 2017, registered for offences punishable under Sections 30(a) and 38(i) of Bihar Prohibition Excise Act, 2016.

Allegation against the petitioner is of recovery of 290 litres of country made wine.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has nothing to do with the alleged recovery and he has only gone to the toilet of the train to ease out where the bags containing the alleged liquor was kept from before and when he came out of the toilet, he was caught. Further petitioner has no criminal antecedent and has been in judicial custody since 05.05.2017.

Patna High Court Cr.Misc. No.30042 of 2017 (4) dt.31-07-2017 Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case and the nature of allegation, at this stage, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected. However, the petitioner may renew his prayer for bail after framing of charge in this case or after remaining further two months in judicial custody, whichever is earlier. (Vinod Kumar Sinha, J) sunil/- U T