Bail petition rejected for accused facing liquor trafficking charges. Court directed trial court to complete trial within six months; petitioner may renew bail prayer if delayed.
Prayer for bail rejected; trial to be concluded within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55448 of 2021
Arising Out of PS. Case No.-338 Year-2021 Thana- JAKKANPUR District- Patna
======================================================
Sonu Kumar, S/o Awadhesh Ray R/o Kabirchak, P.S.- Nadi, District- Patna. A/p Jhopari beside Patna Jn. Railway Station, P.S.- Jakkanpur, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
7 23-11-2022 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Special Case No. 4578 of 2021 arising out of Jakkanpur P.S. Case No. 338 of 2021 registered for the alleged offences under Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act.
As per prosecution case, 156.420 liters of India made foreign liquor was recovered from a tempo and the petitioner and two other co-accused persons were apprehended from the said place. It came to the knowledge that petitioner and others were trafficking the liquor from U.P. to Bihar and selling
Patna High Court CR. MISC. No.55448 of 2021(7) dt.23-11-2022 2/3
the same.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his conscious possession. The petitioner was merely a passerby and was arrested and made accused in this case without any recovery. The petitioner has no concern with the tempo or the liquor seized from it. Charge sheet has been submitted in this case and the petitioner is in custody since 26.07.2021. The petitioner has got clean antecedent.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that this petitioner was enlarged on provisional bail earlier vide order dated 14.02.2022 passed by a Coordinate Bench. Thereafter, the petitioner absconded and after much effort by this court, the petitioner could be apprehended. Under the circumstances, the petitioner does not deserve to be enlarge on bail.
Perused the records.
Having regard to the submission made and conduct of the petitioner, I am not inclined to enlarge this petitioner on bail at this stage and hence, his prayer for grant of bail is rejected.
Learned trial court is directed to expedite the trial and
Patna High Court CR. MISC. No.55448 of 2021(7) dt.23-11-2022 3/3
conclude the same within six months positively and send a compliance report to this court.
However, if the trial is not concluded within the
stipulated period, the petitioner may renew his prayer for bail.
(Arun Kumar Jha, J)
Gautam/daya
U T
2 issues framed by the court
Whether the petitioner entitled to bail in a trial for alleged liquor trafficking offences given his antecedents and conduct.
Whether to direct expedited trial under specific timeline and permit future bail application.
Sonu Kumar
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
