The High Court at Patna rejected a bail petition filed by the driver and khalasi of a truck from which foreign liquor was recovered under the Bihar Prohibition and Excise Act, 2016, directing the trial to be expedited.
Bail petition rejected. Trial to be expedited. Reprayer allowed after six months delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.70331 of 2018
Arising Out of PS. Case No.-291 Year-2018 Thana- BRAHMPURA District- Muzaffarpur
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok For the Opposite Party/s : Ms.Smt. Sucheta Yadav ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 19-02-2019
Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners seek bail in Brahampura P. S. Case No. 291 of 2018 instituted for the offence under Section(s) 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
It is alleged that 4689.36 litres of foreign liquor has been recovered from truck. Petitioners are said to be driver and khalasi of the aforesaid truck.
Therefore, keeping in view the recovery of huge quantify of liquor and the fact that petitioners are driver and khalasi of the said truck, this Court is not inclined to grant bail to the petitioners at this stage. The prayer for bail of the
Patna High Court Cr.Misc. No.70331 of 2018(3) dt.19-02-2019 2/2
petitioners standsrejected.
Trial Court is directed to expedite the trial.
Petitioners may renew their prayer for bail after six
months if no substantial progress is made in the trial.
(Sanjay Priya, J)
shyambihari/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioners under Section 167(2) CrPC who were prosecuted for violating the Bihar Prohibition and Excise Act, 2016 for transporting foreign liquor.
1 provisions across 1 enactments
Ram Singh @ Rama Singh @ Nanha @ Nanha Singh and Biram Pal Singh
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
