Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34458 of 2020 Arising Out of PS. Case No.-265 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Bhola Singh (male), aged about 45 years, S/o Panchu Singh, R/o Village Sirsa Viran, P.S. Lalganj, District Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-02-2021 Heard Mr. Manish Chandra Gandhi, the learned counsel for the petitioner and the learned Additional P.P. The petitioner seeks bail in Lalganj P.S. Case No.265 of 2019, registered under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act.

The police after having received secret information raided the farm house of the petitioner, Bhola Singh and recovered 2979 litres of Indian made foreign liquor from there. Learned counsel for the petitioner submits that the petitioner was not present in the house and there is nothing to show that the petitioner had kept the liquor in his farm house, but it appears that the police got secret information that it was the petitioner who brought the liquor and kept inside his farm house and on such huge quantity of Indian made foreign liquor

Patna High Court CR. MISC. No.34458 of 2020(3) dt.25-02-2021 2/2 was recovered.

Taking into consideration that about 3000 litres of Indian made foreign liquor was recovered from the farm house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner 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, Vaishali 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 learned trial court and the Superintendent of Police, Vaishali for information and needful.

If the trial is not concluded within six months without the fault of the petitioner, the petitioner, if so advised, may renew his prayer for bail.

(Prabhat Kumar Jha, J) S.KUMAR/- U T