Ashok Kumar @ Ashok v. The State Of Bihar
Patna High Court Cr.Misc. No.34936 of 2017 (2) dt.02-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34936 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================
1. Ashok Kumar @ Ashok Son of Shri Ram Kumar, R/o Village- Gudha Kamana Chauki, P.S.- Mahendra Gadh, District- Mahendra Gadh (Haryana).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganga Prasad Bimal For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and the State. This petition has been filed for grant of bail on the ground that other co-accused persons namely, Tapeshwar Rai and Rajeev Kumar have been granted bail by coordinate benches of this court vide orders dated 16-05-2017 & 06-06-2017 passed in Cr. Misc. Nos. 16267 of 2017 and 25789 of 2017. It has further been submitted that one of the accused has been granted bail by this court vide order dated 19-05-2017 passed in Cr. Misc. No. 23684 of 2017.
Earlier prayer for bail of the petitioner was rejected by this court by order dated 22-05-2017 passed in Cr. Misc. No. 24164 of 2017 giving liberty to the petitioner to renew his prayer for bail after six months.
Counsel for the petitioner has submitted that case of this
Patna High Court Cr.Misc. No.34936 of 2017 (2) dt.02-08-2017 petitioner stands on similar footing with the co-accused, who have been granted bail by coordinate benches of this court. This court on perusal of the written report finds that this petitioner himself claimed to be driver of the vehicle bearing registration No. HR63B-7078 from which, liquor have been recovered in huge quantity hidden beneath the Centering woods. This court finds that this petitioner along with co-accused Birendra Kumar was apprehended. The co-accused Birendra Kumar has been granted bail by coordinate bench of this court but case of this petitioner is distinguishable from Birendra Kumar, because the petitioner himself has claimed to be driver of the truck from which, huge quantity of liquor have been recovered hidden beneath the centering woods.
Therefore, this court is not persuaded to grant bail to the petitioner at this stage. Accordingly, prayer for bail is again rejected. The petitioner is given liberty to renew prayer for bail as per observation, made in Cr. Misc. No. 24164 of 2017. (Sanjay Priya, J) A.K.V./- U T