Patna High CourtCR. MISC./63725/2023bail rejected

Keshra Ram @ Keshara Ram @ Keshraram v. The State Of Bihar

2023-12-06Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63725 of 2023 Arising Out of PS. Case No.-236 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== KESHRA RAM @ KESHARA RAM @ KESHRARAM Son of Himtha Ram R/o vill - Jayadu @ Jaydoo, P.S. - Siyami @ Siyaji, Distt. - Barmer (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghwendra Pratap Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kudra P.S. Case No. 236 of 2023, lodged on 01.07.2023 under Sections 414, 419, 420, 467, 468, 471 of the Indian Penal Code and section 30(a), 32(2), 41(i)(ii) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, the FIR has been lodged against 3 persons in this case and total 18785.88 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the said recovery of illicit liquor has been made from the truck and the petitioner was alleged to be the driver of the truck. Counsel also submits that the petitioner is innocent and has committed

Patna High Court CR. MISC. No.63725 of 2023(3) dt.06-12-2023 2/2 no offence. Counsel further submits that the charge has already been framed in this case.

5. Learned counsel for the petitioner submits that antecedent of the petitioner is clean and under wrong impression he is in custody. The petitioner is in custody since 01.07.2023.

6. Learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that such huge quantity of illicit liquor has been recovered even after complete prohibition.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Kudra P.S. Case No. 236 of 2023, pending before the learned Special Judge Excise No.1-cumA.D.J. IV, Kaimur at Bhabua is hereby rejected.

9. However, the Trial Court is directed to conclude the trial within one year and if, the trial shall not be concluded within one year then liberty has been given to the petitioner to move for bail.

(Dr. Anshuman, J.) Divyansh/- U T