Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54150 of 2017 Arising Out of PS.Case No. -417 Year- 2017 Thana -PHULWARI District- PATNA ====================================================== Santosh Kumar, S/o Lalan Singh, Resident of Village- Narayanpur, P.S.- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Phulwarisharif (Janipur) P.S. Case No. 417 of 2017 registered under Sections 30(A)(B)(C), 38(I) and 41(I) of Bihar liquor Prohibition and Excise Act, 2016 432 litres of foreign liquor is said to have been recovered from the Magic vehicle and three persons including the petitioner were apprehended along with the aforesaid vehicle. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He happens to be simple commuter of the said vehicle. He has no criminal antecedent. The petitioner has been languishing in custody since 08.07.2017.

Patna High Court Cr.Misc. No.54150 of 2017 (4) dt.24-01-2018 2/2 On the other hand, learned APP opposing the bail petition submitted that huge quantity of foreign liquor has been recovered from the possession of the petitioner, hence he does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within five months from the date of receipt/production of a copy of this order.

(Prakash Chandra Jaiswal, J) Mishra/- U T