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Patna High CourtCR. MISC./64781/2018disposed

Santosh Kumar @ Santosh Kumar Saw v. The State Of Bihar

2018-10-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64781 of 2018 Arising Out of PS.Case No. -296 Year- 2018 Thana -KHAIRA District- JAMUI ======================================================

1. Santosh Kumar @ Santosh Kumar Saw, Son of Jai Prakash Saw @ Jay Prakash Gupta, Resident of Village- Chananwar, P.S.- Khaira, DistrictJamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brajesh Sahay, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Khaira P.S.Case No. 296 of 2018, registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (A) and 38 (i) of the Bihar Excise and Prohibition Act.

As per F.I.R. allegation against the petitioner is of recovery of 30.3 liters of liquor from the possession of the accused persons and petitioner is succeeded in fleeing away but other accused persons were arrested. It is further alleged that the petitioner is accused in six other cases of similar type. Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.64781 of 2018 (2) dt.29-10-2018 2/2 that no recovery has been made from the conscious possession of the petitioner and he is in custody since 26.08.2018. Heard learned A.P.P. who opposes the prayer for bail.

In view of the discussions made above, this application is disposed of with direction to the Trial Court to expedite the trial and conclude the same within six months, if, however, trial is not concluded within six months and there is no latches on the part of petitioner, he shall be released on bail to the satisfaction of the Court below itself.

With the aforesaid observation, the instant petition is disposed of.

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