Rajbhushan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.41543 of 2017 (2) dt.08-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41543 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Rajbhushan Kumar, Son of Amal Sao, Resident of Village- Khapiya, P.S.- Simariya, District- Chatra (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 The petitioner seeks regular bail in connection with Aurangabad Muffasil P.S. Case No. 96 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 400 litres of country made wine from the bolero vehicle and petitioner was apprehended on spot.

It has been submitted on behalf of the petitioner that petitioner only happens to be one of the passengers of the vehicle from which the alleged recovery has been made and has nothing to do with the alleged recovery and he has falsely been implicated in this case and has been in judicial custody since 16.06.2017 and has no criminal antecedent.

Patna High Court Cr.Misc. No.41543 of 2017 (2) dt.08-09-2017 Heard learned A.P.P. also.

Having heard both sides, considering the fact that in this case huge quantity of liquor has been recovered, as such, I am not inclined to release the petitioner on bail, however, this 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 six months of judicial custody of the petitioner, whichever is earlier.

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