Patna High CourtCR. MISC./53869/2017disposed

Binod Kumar And ORS v. The State Of Bihar

2017-11-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53869 of 2017 Arising Out of PS.Case No. -246 Year- 2017 Thana -RAJAULI District- NAWADA ======================================================

1. Binod Kumar Son of Karu Chaudhary Resident of Village - Chamotha, P.S. - Rajauli (Rajauli), District Nawada.

2. Satendra @ Sako Bhokta Son of Bhatu Bhokta

3. Amirak Turiya Son of Panchu Turiya Both residents of Village - Pahwachak, P.S. Rajauli, District Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

This application is for grant of regular bail in connection with Rajauli P.S.Case no.246 of 2017 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016.

Allegation against the petitioners is about recovery of 69 ltrs. of liquor from their house.

Submission of the learned counsel for the petitioners is that nothing has been recovered from the conscious possession. So far petitioner no.1 & 3 is concerned, they have no criminal antecedent and they in custody for about 2 1⁄2 months. So far petitioner no.2 is concerned he is accused in one more case of

Patna High Court Cr.Misc. No.53869 of 2017 (2) dt.21-11-2017 2/2 similar type.

Heard learned A.P.P. also.

So far petitioner no.1 (Binod Kumar) and petitioner no.3 (Amirak Turiya) is concerned, let the petitioner nos.1 & 3 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Nawada in connection with Rajauli P.S.Case No.246 of 2017.

So far petitioner no.2 (Satendra @ Sako Bhokta) is concerned, I am not inclined to grant bail to the petitioner no.2 at this stage, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months and if not concluded, he shall release the petitioner to his own satisfaction.

With the aforesaid observation, this application is disposed of.

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