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Patna High CourtCR. MISC./10579/2017disposed

Mogal Prasad @ Mogal Bhagat v. The State Of Bihar

2017-03-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10579 of 2017 Arising Out of PS.Case No. -267 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== MOGAL PRASAD @ MOGAL BHAGAT, Son of Late Baruj Prasad, resident of Village- Semera, P.S. & District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brij Bihari Tiwary For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 Heard the parties.

This application is for grant of bail in connection with Kuchailot P.S. Case No.267 of 2016 for the offence under Sections 272, 273, 420 of the Indian Penal Code and Section 30(a)(b)(c) of Bihar Prohibition and Excise Act, 2016. It is submitted on behalf of the petitioner that there is allegation that during the course of checking, the Police intercepted the Motorcycles and two persons fled away and 102 ltrs. country-made liquor has been recovered but the petitioner has nothing to do with the same and he is an old person. The petitioner is in custody for last one year.

Heard learned A.P.P. also.

Having heard both sides and in view of allegation as well

Patna High Court Cr.Misc. No.10579 of 2017 (2) dt.22-03-2017 2/2 as the fact that he has been arrested at the spot, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew his prayer for bail before the court concerned itself after completion of six months of period in custody and the learned court below will consider the period of custody as well as submission that he is an old person and will pass appropriate order without being prejudiced by the order of this Court. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U