Supriyo Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36713 of 2020 Arising Out of PS. Case No.-250 Year-2020 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

Supriyo Nath, Male, aged about 37 years, Son of Sunil Nath, Resident of Mohalla Ward No.5, West Radhapur, S.B. School Radhapur, West Radhapur, P.S. Dharmanagar, District Dharmanagar, State Tripura-799254. 2.

Vinod Teran, Male, aged about 23 years, Son of Devo Teran, Resident of Tuppatoli, P.S. Khetri, District Kamrup, State Assam. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyabir Bharti, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2021 Heard Mr. Satyabir Bharti, the learned counsel for the petitioners and the learned Additional P.P.

Petitioners seek bail in Nawgachia P.S. Case No.250 of 2020, registered under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code and under Sections 30(a)/38(i) of the Bihar Prohibition and Excise Act.

The informant, SHO of Nawgachia P.S., in sum and substance alleged that after having received secret information about transportation of huge quantity of liquor on a truck, an Anti-Liquor Team was constituted. The truck was intercepted. Driver and co-driver tried to flee away but they were apprehended. Huge quantity of Indian made foreign liquor of different brands weighing about 7477 litres were recovered. Learned counsel for the petitioners submits that it is quite improbable that such a huge quantity of liquor was loaded on a truck. The petitioners have got no criminal antecedent.

Patna High Court CR. MISC. No.36713 of 2020(3) dt.01-03-2021 2/2 They petitioners are in custody since 15.08.2020. There is no chance of conclusion of trial in near future, but from perusal of the FIR and the case diary, it appears that when the truck was intercepted and searched, huge quantity of liquor kept in cartons was recovered weighing 7477 litres.

Taking into consideration the facts aforesaid and the fact that the petitioners are driver and co-driver of the truck, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for bail of the petitioners 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 Superintendent of Police, Nawgachia 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 Superintendent of Police, Nawgachia and the learned court below in seisin of the case for needful.

If the trial is not concluded within six months, the petitioners, if so advised, may renew their prayer for bail. (Prabhat Kumar Jha, J) S.KUMAR/- U T