Ashok Sahani @ Ashok Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25039 of 2020 Arising Out of PS. Case No.-132 Year-2020 Thana- GARKHA District- Saran ====================================================== ASHOK SAHANI @ ASHOK SAHNI Son of Yogi Sahni, Resident of Village - Madhopur Hazari, Gopiganj, P.S.- Sahebganj, District - Muzafferpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Garkha P.S. Case No.132 of 2020 registered under Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act.

The police on secret information intercepted two persons on a speeding bullet bearing registration no.BR04Q 7575, who were escorting a truck bearing registration no.UP84T 5757. The driver of the truck was also apprehended and he disclosed his name as Ashok Sahni (petitioner). On search, 5247.36 litres of Indian made foreign liquor of different brands was recovered.

Learned counsel for the petitioner submits that the consignment was to be delivered to Bhulan Singh of village Mishrawalia, P.S. Jalalpur, Saran and Bhulan Singh, who was

Patna High Court CR. MISC. No.25039 of 2020(2) dt.21-09-2020 2/2 escorting the truck on a bullet, has already been granted regular bail. The petitioner is the driver of the truck. The petitioner is in jail for more than six months, but it appears that it was petitioner, who was driving the truck knowing fully well that he was carrying more than 5000 litres of Indian made foreign liquor of different brands.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within eight months from the date of receipt of this order. If the trial is not concluded within eight months from the date of receipt of this order, the petitioner may renew his prayer for bail.

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