Samar Yaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66169 of 2018 Arising Out of PS. Case No.-306 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Samar Yaw Son of Jahid Resident of Village-Badhupura,Police Station Kairana,Distt.-Samli(U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Dumra P.S. Case No. 306/2018, instituted for offences under Section(s) 272 and 273 of the Indian Penal Code read with Sections 30(A), 38 and 41 of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that on receiving secret information that one truck loaded with some articles is moving from Bhisa, in which illicit liquor is also being carried, police party reached at Madhopur Raushan Bhisa and saw one truck was standing loaded with some articles. On search, 907.200 litres of foreign liquor was recovered, which was hidden among those articles. The police arrested the petitioner, who was driver of the aforesaid truck along with Khalasi.

Patna High Court Cr.Misc. No.66169 of 2018(4) dt.04-12-2018 2/2 Keeping in view the huge quantity of illicit liquor, which has been recovered from the alleged truck, of which petitioner was driver, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

The trial court is directed to expedite the trial and make efforts to concluded the same as early as possible preferably within six months from the date of receipt of copy of order.

Petitioner is given liberty to renew the prayer for bail after six months in the event trial is not concluded within aforesaid period.

(Sanjay Priya, J) rakhi/- U