Shrawan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2913 of 2019 Arising Out of PS. Case No.-1157 Year-2018 Thana- SONEPUR District- Saran ====================================================== SHRAWAN SAHANI s/o Shankar Sahani Resident of Village- Kalyanpur Basti, P.S.- Mahaddinagar, District -Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Parmanand Prasad(116) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Sonepur P.S. Case No. 1157/2018, instituted for offences under Section(s) 188 and 420 of the Indian Penal Code read with Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016 It is alleged in the written report that on getting secret information that illegal wine is being carried from Chapra through truck, police party reached at the place of occurrence. Seeing the police party the petitioner along with other accused persons tried to run away but on chase they were apprehended. Thereafter search of the truck was made in presence of independent witnesses from where 4430 litres of foreign liquor along with 250 bags of Patanjali surf were recovered. From possession of this petitioner

Patna High Court Cr.Misc. No.2913 of 2019(2) dt.23-01-2019 2/2 cash of Rs. 2500/- and mobile was recovered.

Learned counsel for the petitioner has submitted that petitioner and other accused persons were found sitting in the said truck. Petitioner is said to be Khalasi of aforesaid truck. Driver of the truck has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 594/2019 dated 16.01.2019. Considering the recovery of huge quantity of illicit liquor from the truck in which petitioner was found sitting, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected. The trial court is directed to expedite the trial. Petitioner will be at liberty to renew prayer for bail after six months in the event no substantive progress is made in the trial. (Sanjay Priya, J) rakhi/- U T