Patna High CourtCR. MISC./22063/2017dismissed

Baiju Mahto v. The State Of Bihar

2017-05-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22063 of 2017 Arising Out of PS.Case No. -827 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Baiju Mahto S/o Late Bhutta Mistri @ Late Bhutta Mahto, Resident of Village- Karpuri Nagar Road No. 2, Akharaghat, P.S. Town, Muzaffarpur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Heard the parties.

This application is for grant of regular bail in connection with B.P.No.538 of 2017 arising out of Muzaffarpur Town P.S.Case No.827 of 2016 for the offences under Sections 272, 273 and 120B of the Indian Penal Code and Section 30(a) and 38(2) of Bihar Excise Act.

Allegation against the petitioner is about recovery of 440 ltrs. of foreign liquor from the house of the petitioner. It is submitted on behalf of the petitioner that he has been falsely implicated in this case. The petitioner has no criminal antecedent and remained in custody for about three months. Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.22063 of 2017 (3) dt.16-05-2017 2/2 bail.

Having heard both sides and in view of recovery of huge quantity of liquor from the house of the petitioner, I am not inclined to grant bail to the petitioner, however, considering the fact that the petitioner is in custody for about three months, the learned trial court is directed to expedite the trial and try to conclude it within a period of seven months and if not concluded, the petitioner is at liberty to renew his prayer for bail before the court below itself, who will pass appropriate order after considering the application, if filed.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U