Patna High CourtCR. MISC./25250/2020rejected

Jasvir Singh v. The State Of Bihar

2020-11-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25250 of 2020 Arising Out of PS. Case No.-33 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== JASVIR SINGH Son of Shardul Singh, R/o- Sant Coloney, Tahsil Bilaspur, P.S.- Bilaspur, District - Rampur (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy, Adv.

For the Opposite Party/s :

Mr.B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-11-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Shivsagar P.S. Case No.33 of 2020 registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

The informant (S.I. of Shivsagar P.S.) after having received confidential information intercepted two trucks bearing Registration Nos.UP22T-7842 and UP22T-4608. The petitioner being the driver of the truck (UP22T-7842) was apprehended and 2998.080 litres of liquor was recovered. From the truck (UP22T-4608), 829.440 litres of liquor was recovered. Learned counsel for the petitioner submits that some snacks were loaded on the truck (UP22T-7842). The petitioner had no knowledge that a huge quantity of foreign liquor was also loaded in the truck. On search, the petitioner was

Patna High Court CR. MISC. No.25250 of 2020(3) dt.04-11-2020 2/2 apprehended and he is in custody since 27.01.2020, but it appears from perusal of the F.I.R. and the case-diary that two trucks were intercepted. From the truck, which was driven by the petitioner, 2998.080 litres of foreign liquor was recovered. A huge quantity of liquor was recovered from conscious possession of the petitioner.

Having considered the facts aforesaid and the nature of allegations made against the petitioner and the fact that a huge quantity of liquor was recovered from conscious possession of the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected. The trial court is directed to expedite the trial and hold the trial on day to day basis and conclude the same within six months from the date of receipt of this order. If the trial is not concluded within six months, the petitioner, if so advised, may renew his prayer for bail.

(Prabhat Kumar Jha, J) Harish/- U T