Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30270 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- MANJHI District- Saran ====================================================== Pramod Kumar, S/o Kalesher Singh, Resident of Village- Banuara, P.S.- Parsa, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anurag Saurav For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Manjhi Sadar P.S. Case No. 71 of 2018 registered under Sections 188/420 of I.P.C. and Sections 30, 30(a) and 38 of the Bihar Prohibition and Excise Act-2016.

6580 lts. of foreign liquor is said to have been recovered from truck and petitioner who happens to be its driver was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be driver of the truck in

Patna High Court Cr.Misc. No.30270 of 2018(4) dt.20-07-2018 2/2 question and he had no knowledge of keeping of liquor in the said truck. He has no criminal antecedent. He has been languishing in custody since 03.04.2018.

On the other hand, learned APP vehemently opposed the bail prayer of the petitioner and submitted that huge quantity of foreign liquor has been recovered from truck and petitioner who happens to be its driver having full knowledge of keeping of liquor in the aforesaid truck. Hence, he does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected.

However, learned court below is directed to conclude the trial as expeditiously as possible preferably within six months from the date of receipt/production of a copy of this order and S.P. Saran is directed to ensure production of the witnesses in the case on each and every date fixed without fail. Let a copy of this order be communicated to S.P. Saran by fax for needful.

(Prakash Chandra Jaiswal, J) rohit/- U T