Abdul Rauf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27205 of 2022 Arising Out of PS. Case No.-23 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

Abdul Rauf Son of Abdul Kayum Resident of Village - 137, Anar Bagh Colony, P.s.- Khajrana, Dist.- Indore (Madhya Pradesh). 2.

Md. Sajjad @ Shehjad Kha Son of Ayas Resident of Village - Tanjim Nagar, P.s.- Khajrana, Distt.- Indore, (Madhya Pradesh). ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-08-2022 Heard learned counsel for the petitioners and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 272, 273, 467, 471, 420/34 of the Indian Penal Code and Section 30(a), 36/41(1) of Bihar Prohibition and Excise Act. The allegation is of recovery of 8000 liters of liquor.

The petitioners had earlier moved this Court vide Cr. Misc. No. 29000 of 2021 which was heard and rejected by a Coordinate Bench of this Court (Hon'ble Mr. Justice Birendra

Patna High Court CR. MISC. No.27205 of 2022(2) dt.26-08-2022 2/2 Kumar as his Lordship then was) on 8.10.2021. Learned counsel for the petitioners submits that despite specific observation in the order, the trial has not been concluded as yet.

Considering the nature of recovery, this Court is not inclined to grant them the privilege of bail for the present. However, taking into account the fact that the petitioners are in custody since 2.2.2021, the Trial court is directed to expedite the trial and conclude the same preferably within a period of six months, if required, on day-to-day basis.

With the aforesaid observation, the bail is rejected. (Rajiv Roy, J) Ravi/- U T