Md. Belal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33305 of 2020 Arising Out of PS. Case No.-207 Year-2020 Thana- BAUSI District- Purnia ====================================================== MD. BELAL Son of Late Md. Mumtaj Resident of Village - Barhuliya, P.S.- Simri, District - Darbhanga (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar Sharma, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2021 Heard both sides.

The petitioner seeks bail in Baisi P.S. Case No.207 of 2020 registered under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a), 41 and 47 of Bihar Prohibition and Excise Act.

The informant after having received a secret information intercepted the truck bearing registration No.WB11E-4282 which was coming from West Bengal. The truck driver, Md. Belal(the petitioner) was apprehended and on search, 2187 litres of different brands of Indian made foreign liquor was recovered.

The learned counsel for the petitioner submits that one Chhote was driving the truck bearing registration No.WB-19K1931. Manoj Yadav handed over the truck to the petitioner and

Patna High Court CR. MISC. No.33305 of 2020(4) dt.29-01-2021 2/2 asked him to drive the truck on payment of Rs.5,000/-. Petitioner has no knowledge about the article kept inside the truck. Petitioner is in jail since 28.08.2020. Taking into consideration the facts that it was petitioner who was driving the truck bearing registration No.WB-11E-4282 and from the truck, 2187 litres of different brands of Indian made foreign liquor was recovered, I am not inclined to enlarge the petitioner on bail at this stage. 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 from the date of receipt of this order.

The S.P., Purnea is directed to ensure the attendance of the witnesses in the trial court so that the trial must be concluded within six months.

Let a copy of this order be sent to the trial court as well as S.P., Purnea for information and needful. If the trial is not concluded within six months, the petitioner may renew his prayer for bail.

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