Patna High CourtCR. MISC./49086/2017disposed

Sunil Kumar Gupta v. The State Of Bihar

2017-10-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49086 of 2017 Arising Out of PS.Case No. -323 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== SUNIL KUMAR GUPTA, S/o Jamasar Prasad, R/o Village- Dumari, P.S.- Yogapatti, District- West Champaran at Bettiah, Presently residing at Uttarwari Dwar, Devi Chowk, Ward No.9, In Front of Indian Public School, P.S.- Bettiah Town, District- West Champaran at Bettiah, .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bettiah (Muffasil) P.S. Case No. 323 of 2017 registered for the offences punishable under Section 38 of Bihar Excise Amendment Act. Allegation is of recovery of 260 litres of liquor from the vehicle and name of petitioner has been disclosed by co-accused and he is named in the FIR. Further it appears that he is accused in three other cases of similar nature.

Submission of learned counsel for the petitioner is that due to enmity he has been implicated in this case and other cases also. Further submission is that he is in custody since 10.8.2017 and he is ready to abide by any condition that may be imposed

Patna High Court Cr.Misc. No.49086 of 2017 (2) dt.13-10-2017 2/2 upon him by this Court if bail is granted to him. Heard learned APP also.

Having heard both sides and in view of the allegation as well as criminal antecedents, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to expedite the trial and try to conclude it within a period of four months by conducting trial on day to day basis. If trial is not concluded within the said period, trial court will release the petitioner on bail to its own satisfaction on the condition that he will co-operate in disposal of trial.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U