Patna High CourtCR. MISC./40057/2017disposed

Naresh Chaudhary And ANR v. The State Of Bihar

2017-08-23Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40057 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40057 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Naresh Chaudhary S/o Late Rajendra Choudhary

2. Krishna Chaudhary S/o Late Harihar Chaudhary Both Resident of village- Sahganj, P.S.- G.B. Nagar, District- Siwan .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The petitioners seek regular bail in connection with Gautambudh Nagar P.S. Case No. 124 of 2017, registered for offences punishable under Sections 272, 273, 308 of Indian Penal Code and Section 34, 36 and 38 of Bihar Excise and Prohibition Act, 2016.

Allegation against the petitioners is of recovery of eight litres of country made liquor along with articles for manufacturing the liquor.

It has been submitted on behalf of the petitioners that he has falsely been implicated in this case and though it is alleged that some articles seized for manufacturing of country made liquor, however, they were the articles of daily use. It has also been submitted that though petitioner is accused in one more case

Patna High Court Cr.Misc. No.40057 of 2017 (2) dt.23-08-2017 but that is under old Excise Act. Further petitioner has been in judicial custody since 16.05.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the fact and circumstances of the case and also that petitioners have criminal antecedent as they are accused in similar type of case, I am not inclined to release the petitioners on bail, However, the trial court is directed to expedite the trial and try to conclude it within a period of four months and if the trial is not concluded within the aforesaid period, the court below shall release the petitioners on bail to his own satisfaction With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T