Patna High CourtCR. MISC./49403/2017disposed

Mukesh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49403 of 2017 Arising Out of PS.Case No. -361 Year- 2017 Thana -FATUHA District- PATNA ====================================================== Mukesh Kumar Son of Manik Chand Rai Resident of Village- Kripal Tola, P.S. Faruha, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Special case No. 5350 of 2017 arising out of Fatuha P.S.Case No. 361 of 2017 registered for offences punishable under Sections 120 (B) of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 1820 liters of country made liquor from the pickup van from the possession of the petitioner.

Submission of the learned counsel for the petitioner is that he is a student of B.A. Final year of S.K.M.V.

Patna High Court Cr.Misc. No.49403 of 2017 (2) dt.13-10-2017 2/2 College, Fatua, Patna and is preparing for competitive examination. Further submission is that the petitioner has no criminal antecedent and he is in custody since 22.08.2017. Having heard both sides and in view of the facts and circumstances, as stated above, and recovery of huge quantity of the liquor, I am not inclined to grant bail to the petitioner and it is accordingly rejected. However, the trial Court is directed to expedite the trial and make efforts to dispose of the same within the period of three months and the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court , if the trial is not concluded within three months from the date of receipt of order, the Court below shall release the petitioner on bail to its own satisfaction. (Vinod Kumar Sinha, J) Sudha/- U T