Patna High CourtCR. MISC./41825/2017disposed

Pawan Sah v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41825 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Pawan Sah Son of Late Sakaldeo Sah, R/o village- Chhegan Neura, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Minapur P.S.Case no.96 of 2017 , registered for the offences punishable under Sections 30(a), 38, 41, 47 and 48 of the Bihar Excise Prohibition and Amendment Act, 2016. Allegation against the petitioner is of recovery of 03 ltrs. of country-made liquor from his possession. He is accused in one more case of similar type also, which appears from para 3 of the petition.

Submission of the learned counsel for the petitioner is that there is violation of Section 100 of Cr.P.C. in this case and nothing has been recovered from his possession rather from the field. So far other cases are concerned, he is on bail in those cases.

Patna High Court Cr.Misc. No.41825 of 2017 (2) dt.11-09-2017 2/2 Further submission is that the petitioner in custody since 27.5.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of allegation of recovery of liquor as well as criminal antecedent of the petitioner, this application is disposed of with direction to the learned trial court to expedite the trial and try to conclude it within a period of four months and if not concluded, the learned trial court shall release the petitioner on bail in connection with Minapur P.S.Case No.96 of 2017 to the satisfaction of 3rd Additional Sessions Judgecum Spl. Judge, Excise, Muzaffarpur, if such prayer is made. With the aforesaid observation, this application is disposed of.

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