Kanhaiya Nirala v. The State Of Bihar

Patna High Court Cr.Misc. No.43850 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43850 of 2017 Arising Out of PS.Case No. -353 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Kanhaiya Nirala Son of Uday Singh, R/o Village- Nandna Ghosi, P.S.- Jehanabad, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 The petitioner seeks regular bail in connection with Jehanabad P.S. Case No. 353 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 9 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only on the basis of suspicion. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody since 06.06.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and as petitioner has criminal antecedent as he is accused in one more case of similar nature, as such, this

Patna High Court Cr.Misc. No.43850 of 2017 (2) dt.20-09-2017 application is disposed of with the direction to the court below to release the petitioner to his own satisfaction once charge is framed in this case or after completion of four months of judicial custody of the petitioner, whichever is earlier.

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