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Patna High CourtCR. MISC./23020/2017dismissed

Basant Kumar Yadav v. The State Of Bihar

2017-05-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23020 of 2017 Arising Out of PS.Case No. -129 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Basant Kumar Yadav, son of Deo Narain Yadav @ Kamleshwar Rai, resident of Village- Amwa, P.S.- Mehsi, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Trial No. 2737 of 2017, arising out of Mehshi P.S.Case No. 129 of 2015 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47(A) of Excise Act. Allegation is of recovery of 420 litres of liquor from Maruti van and petitioner happens to be the owner of the van. It has been submitted on behalf of the petitioner that petitioner was not arrested at the spot and he has no knowledge of the said recovery and he has remained in custody for three months. It has further been submitted that he has been made accused in a case under Excise Act of 2012 earlier.

Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.23020 of 2017 (2) dt.15-05-2017 2/2 for bail.

Having heard both sides and considering the aforesaid facts and circumstances and also considering the fact that petitioner is the owner of the vehicle, I am not inclined to grant bail to the petitioner at this stage.

However, petitioner may renew his prayer for bail after framing of charge in this case.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U