Patna High CourtCR. MISC./48140/2017disposed

Satpal Sharma v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48140 of 2017 Arising Out of PS.Case No. -312 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ====================================================== Satpal Sharma Son of Dinanath Sharma Resident of village- Pandaya, P.S.- Tehsil- Bhawanigarh, District- Sangrur (Punjab) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Excise Case No. 632/2017 arising out of Sheikhpura P.S.Case No. 312/2017 registered for the offences punishable under sections 272, 273, 353 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner is of recovery of 405 litres of liquor from a truck at a godown of one co-accused Sanjay Sao.

Submission of the learned counsel for the petitioner is that the petitioner is the driver of the truck and has nothing to do with the seized articles and he is in custody for two months having no criminal antecedent. Further submission is that one co-accused, namely, Ashok Ram, has been granted bail by this Court vide

Patna High Court Cr.Misc. No.48140 of 2017 (2) dt.12-10-2017 order dated 18.9.2017 in Cr.Misc.No. 45503.2017. Heard learned A.P.P. also.

Having heard both sides and in view of huge quantity of recovery and further a co-accused, who has been granted bail by this Court, is only labourer and the petitioner is the driver of the truck, I am not inclined to grant bail to the petitioner at this stage. However, the learned trial court is directed to expedite the trial and try to conclude it within a period of two months. If the trial is not concluded within the said period, the learned trial court shall release the petitioner on bail to its satisfaction. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) Surendra/- U