Chandan Kumar @ Chandan Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.43713 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43713 of 2017 Arising Out of PS.Case No. -349 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Chandan Kumar @ Chandan Rai, S/o Rajkishore Rai, R/o-Village-Samul Sahpur, P.S. Runnisaidpur, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 The petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 349 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30, 30(g), 38(I)(II)of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 200 litres of country made wine.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only on the basis of suspicion and nothing has been recovered from his possession and he has not been arrested on spot. Further he has been in judicial custody since 31.07.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.43713 of 2017 (2) dt.20-09-2017 Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner is an accused in one more case of similar nature, as such, 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 five months of judicial custody of the petitioner, whichever is earlier.

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