Manprit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33120 of 2020 Arising Out of PS. Case No.-269 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== MANPRIT SINGH Son of Jasvindra Singh Resident of Village- Jaggi Colony House No. 411, P.S.- Rajpura City, District- Patiyala (Punjab). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Excise Case No. 269 of 2020, disclosing the offence punishable under Sections 30(a), 30(d), 36, 38, 41(1) of Bihar Prohibition and Excise Act.

On the basis of a secret information the excise officials had conducted a raid in a godown leading to recovery of 1200 litres of spirit loaded in a truck, 1800 litres loaded in a pick-up van, 600 litres from another pick-up van and 5200 litres from the godown, thus, altogether 8800 litres of spirit was recovered by the excise officials. The petitioner is admittedly the driver of the truck.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.33120 of 2020(6) dt.05-01-2021 2/2 has submitted that he has been implicated only because he happened to be the driver of the truck, whereas, it is the case of the prosecution itself that the spirit belonged to co-accused Shambhu Prasad, the owner of the godown.

This being an admitted fact that the petitioner was the driver of the truck, from which the excise officials recovered 1200 litres of spirit, no case for grant of regular bail is made out for the present.

This application is accordingly rejected.

(Chakradhari Sharan Singh, J) Rajesh/- U T