Kamesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.441 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Kamesh Kumar

2. Nirmal Kumar Both Sons of Chandeshwar Rai Both resident of VillageJalalpur, P.S.- Pupari, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2017 Heard the parties.

This application is for grant of bail in connection with Bajpatti P.S.Case No.174 of 2016 for the offence under Sections 272/273 of the Indian Penal Code and Seciton 30(a) of Bihar Excise Amendment Act, 2016.

It is submitted on behalf of the petitioners that they have been falsely implicated in this case and there is recovery of 123 ltrs. of foreign wine and they are in custody for about four months. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that there is recovery of huge quantity of foreign-liquor, I am not inclined to grant bail to the petitioners at this stage, however, the petitioners may renew their prayer for bail before learned court below after

Patna High Court Cr.Misc. No.441 of 2017 (3) dt.21-02-2017 2/2 completion of six months of period in custody and if any such application is filed, the learned court below will consider the period of detention and other materials available on the record and pass appropriate order without being prejudiced by this order of this Court.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U