Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40913 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictNALANDA (BIHARSHARIFF) ====================================================== Chandan Kumar Son of Kailash Choudhary Resident of Village - Bihari Road Hilsa, P.S. - Hilsa, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-10-2016 Heard Sri Rajeev Kumar, learned counsel for the petitioner and Sri Chandra Bhushan Prasad, learned Additional Public Prosecutor.

The sole petitioner who is in custody since 13.7.2016 in Case No. 46c2 of 2016 registered for the offence under section 47(A) of the Bihar Excise Amendment Act 2016 has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that petitioner is having clean antecedent and only on false accusation petitioner has been arrested.

Learned Additional Public Prosecutor opposes the prayer for bail. He submits that that huge quantity of country made liquor as well as molasses and some machinery which was

Patna High Court Cr.Misc. No.40913 of 2016 (5) dt.28-10-2016 2/2 required to be used for preparing liquor was recovered and petitioner has been made accused in this case due to the said allegation.

In this case vide order dated 30.9.2016 a report was called for from the court below regarding the stage of the case which has been received and kept at flag 'A'. The report dated 18.10.2016 suggests that now the case is fixed for framing of charge.

Since the case is fixed for framing of charge, at the moment I am not inclined to grant bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T