Abinash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.34332 of 2017 (2) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34332 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -BIKRAM District- PATNA ======================================================

1. Abinash Kumar Son of Ajay Singh, Resident of Village- Khoraitha, P.S.- Bikram, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Lakshmi Kant Sharma, Adv.

For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The petitioner seeks regular bail in connection with Special Case No. 1855 of 2017, arising out of Bikram P.S. Case No. 127 of 2017 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. Allegation is of recovery of 117 litres of foreign liquor from a vehicle in which the petitioner along with other co-accused was traveling and petitioner was arrested on chase. It has been submitted on behalf of the petitioner that neither the four wheeler nor the motorcycle belong to the petitioner and he has falsely been implicated in this case only on the basis of suspicion. Further he has been in custody since 20.05.2017 and has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.34332 of 2017 (2) dt.27-07-2017 Having heard both sides, considering the facts and circumstances of the case and quantity of liquor recovered, I am not inclined to release the petitioner on bail at this stage, his application for regular bail is, accordingly, rejected. However, the petitioner may renew his prayer for bail after completion of three months in judicial custody or after framing of charge, whichever is earlier.

(Vinod Kumar Sinha, J) sunil/- U T