Jamshed Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33349 of 2020 Arising Out of PS. Case No.-214 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== 1.
JAMSHED NIRALA Son of Shabir Hussain Resident of Village - Sugaon, P.S. - Sugauli, District - East Champaran.
2.
Jyotish Kumar Son of Ramlekha Pal Resident of Village - Fulwariya, P.S. - Sugauli, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Pandey For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2021 Heard both sides.
The petitioners seek bail in Chhatauni P.S. Case No.214 of 2020 registered under Sections 270, 272 and 34 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act.
The informant after having got specific inputs intercepted a truck coming from the side of Muzaffarpur. The driver of the truck disclosed that huge quantity of liquor was loaded. The owner of the truck was coming from behind. The petitioners were apprehended who were following the truck and from the truck, 4535.9 litres of Indian made foreign liquor was recovered. Immediately after seizure of the truck, both the
Patna High Court CR. MISC. No.33349 of 2020(3) dt.15-01-2021 2/2 petitioners arrived at the place of occurrence on a bike bearing registration No.BR-5AH-9678.
It appears that petitioners being the owners of the truck were following the truck so that the truck may reach its destination safely but from the truck, huge quantity of liquor was recovered.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners 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 six months. If the trial is not concluded within six months, the petitioners may renew their prayer for bail.
(Prabhat Kumar Jha, J) Saurabh/- U T