Vikash Kumar @ Malinga v. The State Of Bihar

Patna High Court Cr.Misc. No.44746 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44746 of 2017 Arising Out of PS.Case No. -389 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Vikash Kumar @ Malingan, Son of Upendra Prasad, resident of Village- Dhira Bigha P.S. Kako District Jehanabad, presently resides at Mohalla Kali Nagar P.S. & District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioner seeks regular bail in connection with Excise Case No. 742 of 2017, arising out of Jehanabad P.S. Case No. 389/2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 594 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has not been arrested on spot. Further he has no criminal antecedent and has been in judicial custody since 28.07.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with the direction to the court below to release the petitioner to his own

Patna High Court Cr.Misc. No.44746 of 2017 (2) dt.15-09-2017 satisfaction once charge is framed in this case or after completion of four months of judicial custody of the petitioner, whichever is earlier.

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