Patna High CourtCR. MISC./45157/2017disposed

Jai Prakash Ram v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45157 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45157 of 2017 Arising Out of PS.Case No. -552 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Jai Prakash Ram S/o Yaduni Ram Resident of Village - Dhankadha, P.S. - Sasaram, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uma Shankar Singh For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioner seeks regular bail in connection with Dehri (T) P.S. Case No. 552 of 2017, registered for offences punishable under Sections 30(a), 38 and 4 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 7215 litres of country made liquor. .

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the truck and the truck does not belong to the petitioner and though it is alleged that the petitioner was one of the persons, who was trying to flee away, however, that is false and concocted. Further petitioner has clean antecedent and has been in judicial custody since 28.07.2017.

Patna High Court Cr.Misc. No.45157 of 2017 (2) dt.15-09-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact in this case huge quantity of liquor has been recovered, as such, I am not inclined to release the petitioner on bail, at least, at this stage, 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 five months of judicial custody of the petitioner, whichever is earlier.

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