Patna High CourtCR. MISC./37121/2017disposed

Mukesh Yogi And ORS v. The State Of Bihar

2017-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37121 of 2017 Arising Out of PS.Case No. -277 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Mukesh Yogi (Driver), Son of Rupchandra Yogi, Resident of VillageFaizpur Ninana, P.S.- Bhagpat, District- Bagpat (U.P.).

2. Jagbir Singh (Khalasi), Son of Dayanand, Resident of Village- Rurkee, P.S. - Sapla, District- Rohtas Haryana.

3. Chandan Singh, Son of Sant Singh, Resident of Village- Narauli, P.S.- Salimpur, District- Patna.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Agam Kuan P.S.Case No. 277 of 2017, arising out of Special Case No. 2771 of 2017, registered for the offences punishable under Section 30(a) of Excise Act, 2016.

Allegation against the petitioner is of recovery of 2641 litres of liquor from his truck and petitioner No.1 is said to be driver, petitioner No.2 is Khalasi and petitioner No.3 is passenger. Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and nothing has been recovered from their possession, rather from the truck and they are

Patna High Court Cr.Misc. No.37121 of 2017 (4) dt.30-08-2017 2/2 in custody for more than two months having no criminal antecedent.

Heard learned APP also.

Having heard both sides and in view of recovery of huge quantity of liquor, I am not inclined to grant bail to the petitioners at this stage.

However, this application is disposed of with a direction to the court below to conclude the trial within four months. If trial is not concluded within the said period, the court below will release the petitioners on bail to its satisfaction. (Vinod Kumar Sinha, J) spal/- U