Gama Chaudhury v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42168 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -ISHAKCHAK District- BHAGALPUR ======================================================

1. Gama Chaudhury Son of Late Prasad Chaudhary, R/o Ishakchak, Pasi Tola, P.S.- Ishakchak, Distt.- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 The petitioner seeks regular bail in connection with Ishakchak P.S.Case NO.84 of 2017, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 328 ltrs. of foreign liquor from the house of the petitioner. Submission of the learned counsel for the petitioner is that the petitioner has no criminal antecedent and the house is the joint house of the petitioner with other co-accused persons and the other co-accused persons have already been grunted bail by the learned lower court itself.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Patna High Court Cr.Misc. No.42168 of 2017 (2) dt.12-09-2017 2/2 Having heard both sides and considering recovery of huge quantity of liquor, at this stage, I am not inclined to grant bail to the petitioner, however, this application is disposed of with direction to the learned court below that once the charges are framed or the petitioner completes judicial custody of three months, whichever is earlier, he shall release the petitioner on bail in connection with Ishakchak P.S.Case No.84 of 2017 to his own satisfaction.

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