Pramod Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48002 of 2017 (2) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48002 of 2017 Arising Out of PS.Case No. -605 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. PRAMOD YADAV Son of Surendra Yadav,

2. Santosh Yadav Son of Surendra Yadav, Both are R/o VillageKushamaha, Ward No.3, P.S.- Jogbani, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioners seek regular bail in connection with Forbesganj P.S.Case No.605 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioners is about recovery of 405 ltrs. of nepali wine and the petitioner was arrested on the spot.

Submission of the learned counsel for the petitioners is that the petitioners have been arrested on the basis suspicion and nothing has been recovered from their conscious possession and they are in custody for more than two months as well as they have no criminal antecedent.

Patna High Court Cr.Misc. No.48002 of 2017 (2) dt.13-10-2017 Heard learned A.P.P. also.

Having heard both sides and in view of recovery of liquor, this application is disposed of with direction to the learned court below that once the charge is framed or the petitioners complete four months period in judicial custody, whichever is earlier, he may release the petitioner on bail in connection with Forbesganj P.S.Case No.605 of 2017 to his own satisfaction. (Vinod Kumar Sinha, J) chn/- U T