Patna High CourtCR. MISC./61009/2018dismissed

Rahul Kumar And ORS v. The State Of Bihar

2018-11-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61009 of 2018 Arising Out of PS.Case No. -514 Year- 2018 Thana -BARARI District- BHAGALPUR ======================================================

1. Rahul Kumar, Son of Shyam Ram,

2. Navin Kumar, Son of Ram Prakash Ram,

3. Amit Kumar, Son of Dilip Ram,

4. Rohit Kumar, Son of Laxmi Ram, All are residents of Village- Kharidi Matihani, Police Station- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-11-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Kotwali (Barari) P.S. Case No. 514/2018, instituted for the offence under Section 30(A) of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that total 12960 litres of illicit liquor has been recovered from a truck. Petitioners were found sitting in the aforesaid truck. Driver of truck managed to run away.

Learned counsel for the petitioners has submitted that petitioners have clean antecedent. They had no knowledge about the aforesaid liquor.

Patna High Court Cr.Misc. No.61009 of 2018 (4) dt.05-11-2018 2/2 Seizure-list is part of F.I.R., wherein recovery has been shown from Vikramshila Setu near Traffic T.O.P. from the truck. The seizure-list bear signature of all these petitioners. Considering the recovery of huge quantity of illicit liquor from the truck and the petitioners were found sitting in the aforesaid truck, this Court is not inclined to grant bail to the petitioners at this stage. Accordingly, prayer for bail of petitioners is rejected.

Trial court is directed to expedite the trial. Petitioners are given liberty to renew the prayer for bail after six months in the event no substantive progress is made in trial.

(Sanjay Priya, J.) Rakhi U T