Shankar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16886 of 2018 Arising Out of PS. Case No.-317 Year-2017 Thana- KOTWALI District- Patna ====================================================== Shankar Rai S/o Horil Rai Resident of Patoria, Thana- Bailhar, DistrictBanka, Present residing at Soth of High Court, Old MLA Flat, P.S. Kotwali, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar For the Opposite Party/s :
Mr.Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 Heard the parties.
The petitioner seeks regular bail in connection with Special Case No.3289 of 2017 arising out of Kotwali P.S.case No.317 of 2017 registered for offences punishable under Sections 272, 273 and12B of the Indian Penal Code and Section 30(a), 38(2), 41(1)(2) and 47 of the Bihar Prohibition and Excise Act, 2016.
Petitioner is not named in the FIR and there is allegation of nexus in the liquor trade and recovery of 1762 lts. of liquor from a hut.
Submission of the learned counsel for the petitioner is that he is in custody since 2.7.2017 and no substantive progress has been made during the trial.
Patna High Court CR. MISC. No.16886 of 2018(11) dt.24-02-2020 2/2 Heard learned APP and perused the report submitted by the learned court below from which it appears that the case is still pending for appearance of the other accused persons. Having heard both sides and in view of the submission as made above, learned court below is directed to verify the above submission and if it found to be true, he will release the petitioner on bail in connection with Special Case No.3289 of 2017 arising out of Kotwali P.S.Case No.317 of 2017 to his own satisfaction otherwise there was be no effect of the above order.
Accordingly this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T