Prashant Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44389 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== Prashant Kumar @ Chhotu, son of Shri Ram Prakash Rai, resident of Village- Meenapur, P.O.- Hajipur, P.S.- Town Hajipur, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ganga Prasad Bimal For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Industrial Area P.S.Case No. 93 of 2017 registered for the offences punishable under Sections 467, 468, 469, 471, 414 of the Indian Penal Code and 30, 37 of Bihar Excise Act. Allegation is of recovery of 720 litres of liquor from pickup van.

Submission of learned counsel for the petitioner is that he has not been arrested at the spot and he has no criminal antecedent and falsely been implicated in this case and nothing has been recovered from his possession and he is in custody since 27.5.2017.

Heard learned APP also.

Patna High Court Cr.Misc. No.44389 of 2017 (2) dt.15-09-2017 2/2 Having heard both sides and from perusal of impugned order it appears that police arrested two persons, including the petitioner at the spot and he is named in the FIR, considering the aforesaid aspect of the matter, this application is disposed of with a direction to the court below that once charge has been framed or petitioner completes further two months period in judicial custody, whichever is earlier, the court below will release the petitioner on bail to its satisfaction, if application for bail is filed on behalf of the petitioner.

(Vinod Kumar Sinha, J) spal/- U