Subbu Singh @ Subha Singh @ Subhu Singh @ Sube Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12506 of 2021 Arising Out of PS. Case No.-258 Year-2019 Thana- ISUAPUR District- Saran ====================================================== SUBBU SINGH @ SUBHA SINGH @ SUBHU SINGH @ SUBE SINGH Son of Ramchandra Singh @ Ramchander Singh @ Ram Chandra Resident of Village - Mohalla Bhiwani, Dabur Colony, P.S. - Sadar, District - Bhiwani (Haryana).

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Rita Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-05-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Isuapur P.S. Case No. 258 of 2019 registered for the offences punishable under Sections 420, 467, 468, 471, 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition Act.

The petitioner had earlier approached this Court for grant of regular bail which was rejected by an order dated 09.07.2020 passed in Cr. Misc. No. 18184 of 2020. The petitioner is resident of Haryana and according to the case of the prosecution he was apprehended by the police in a village in the

Patna High Court CR. MISC. No.12506 of 2021(3) dt.26-05-2021 2/2 District of Saran, Bihar with a TATA 407 vehicle which he was driving. From the said vehicle 2008.800 liters of Indian made foreign liquor was recovered.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner was simply driving the vehicle and he was unaware of the presence of illicit liquor in the said vehicle. The aforesaid submission cannot be accepted by this Court considering the huge quantity of illicit liquor having been recovered from the said vehicle which was being transported from the State of Haryana to the State of Bihar. This application is accordingly rejected for the present.

However, considering the submission made on behalf of the petitioner that the petitioner has no criminal antecedent, it is observed that the petitioner shall be at liberty to renew his application for bail after completion of two years of custody, if in the meanwhile, there is no progress at the trial. (Chakradhari Sharan Singh, J) AKASH/- U T