Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33115 of 2020 Arising Out of PS. Case No.-311 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

RAJU KUMAR S/o Sri Manoj Sah R/o village- Belgarha, P.S.- Barachatti, District- Gaya 2.

RANJAN CHAUDHRY S/o Late Krishna Chaudhary R/o village- B.N. Jha Road, near Dukhharni Mandir, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bikram Deo Singh Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Excise P.S. Case No. 311 of 2020, disclosing the offence punishable under Sections 30(a), 56(b) of Bihar Prohibition and Excise (Amendment) Act, 2018.

From a Santro car occupied by the petitioners, the Special Armed Police personnel are said to have recovered 200 litres of country-made wine. The petitioners were apprehended on the spot.

Learned counsel appearing on behalf of the petitioners has submitted that since legally prepared wine was

Patna High Court CR. MISC. No.33115 of 2020(2) dt.14-12-2020 2/2 allegedly recovered from the vehicle in question, the petitioners deserve privilege of regular bail. Denying the allegation made in the FIR he has submitted that the petitioners have no concern either with the vehicle or the wine.

Considering the huge quantity of illicit liquor said to have been recovered, I am not inclined to grant the petitioners privilege of regular bail for the present.

This application is accordingly rejected.

If there is no substantial progress at the trial, the petitioners shall be at liberty to renew his prayer for bail after six months.

It is directed that defects in the application pointed out by the Registry must be removed within two months from today. (Chakradhari Sharan Singh, J) Rajesh/- U T