Chuman Patel @ Chumman Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37828 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chuman Patel @ Chumman Patel Son of late Motilal Patel, R/o VillageKaramawa, P.S.-Majhauliya, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard the parties.

This application is for grant of regular bail in connection Majhauliya P.S.Case No.921 of 2017, registered for the offences punishable under Sections with 30(A) of Bihar Prohibition and Excise Act of the Indian Penal Code. Allegation against the petitioner as per FIR is about recovery of 400 ltrs. of spirit kept in 'dram', which was recovered from the river and apart from that it also appears that the petitioner is accused in a large number of cases; altogether six cases of different years, though it is stated that he is on bail in four cases. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case at the instance of police and one after another, large number of cases

Patna High Court Cr.Misc. No.37828 of 2017 (4) dt.31-08-2017 2/2 have been lodged against him. The petitioner is in custody for about three months.

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

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the Special Judge, Excise is directed to conduct the trial on day-to-day basis and try to conclude it within a period of four months.

At the same time, the S.P., East Champaran as well as the Excise Department are directed to ensure presence of the witnesses in the court so that the trial may be concluded within the period as specified.

With the aforesaid observation, this application is dismissed.

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