Prakash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44968 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44968 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Prakash Kumar Son of Anil Ram @ Anil Kumar, R/o MohallaMusadpur (Chhoti Pahari) P.S.- Sohsarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 132 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 280 bottles each containing 750 ML of foreign liquor from the Tavera vehicle. It has been submitted on behalf of the petitioner that petitioner happens to be driver of the vehicle from which alleged recovery has been made and has nothing to do with the said recovery. Further petitioner has been in judicial custody since 4.8.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.44968 of 2017 (2) dt.15-09-2017 circumstances of the case and also the fact that petitioner is accused in two more cases out of which one is of similar nature as the present one, as such, I am not inclined to release the petitioner on bail rather 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 three months of judicial custody of the petitioner, whichever is earlier. (Vinod Kumar Sinha, J) sunil/- U T