Satnam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65172 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== 1.

SATNAM SINGH S/o Late Mahendra Singh R/o - Village - Dehri Bala @ Dehri Val @ Dehriwala, P.S. - Tarsika, District - Amritsar (Punjab). 2.

James Kutti S/o Maithukutti R/o Village - Kuchurimuk Kulla Muddi Bir, Tahsil- Nayar Kad Talbud, P.S. Kunni Code, District - Kollam (Kerala). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 272, 273, 420 and 120B of the Indian Penal Code and sections 30(a), 33, 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, a total of 5712 litres of liquor was recovered from the truck in question and three accused persons including the two petitioners were caught on the spot.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession

Patna High Court CR. MISC. No.65172 of 2021(3) dt.23-02-2022 2/2 or from the truck. They are professional drivers and did not know about the contents of the goods loaded which was packed. The petitioners are in custody since 25.4.2021 and investigation in the case has concluded. They have no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State who submits that the two petitioners are residents of Punjab and Kerala.

Having heard learned counsel for the parties and taking into consideration the huge quantity of liquor recovered from the truck and the petitioners being arrested at the spot, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

Learned trial court is directed to expedite the trial. Liberty is granted to the petitioners to renew their prayer for bail in case there is no substantial progress in the trial in six months from the date of communication of this order. (Partha Sarthy, J) Saurabh/- U T