Shiv Kumar And Anr vs State Of Bihar

The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Heard Mr. Prateek Tandan, learned counsel for the petitioners and Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioners are in custody in connection with Gopalpur P.S. Case No.206 of 2019 dated 05.11.2019 instituted under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

This is the second attempt for bail by the petitioners as earlier such prayer was rejected by order dated 04.02.2020 in Cr. Misc. No.6147 of 2020, wherein, it was observed that if the trial is not concluded within a period of four months, the petitioners may renew their prayer for bail.

As per the allegation, 1124.790 litres of illicit liquor was seized from the tractor along with trolley of which the petitioners were driver and khalasi respectively.

Learned counsel for the petitioners submitted that there has not been recovery from the conscious possession of the petitioners and even the recovery, which is said to have taken place is from the trolley, which was not in the knowledge of the petitioners as they had not loaded it and were only driving the vehicle at the behest of the owner. It was submitted that the petitioners are in custody since 06.11.2019.

Learned APP submitted that huge quantity of illicit liquor has been recovered from the tractor and trolley of which the petitioners were driver and khalasi and when the police had tried to stop the vehicle, they did not stop and tried to flee away and upon chase, the vehicle was caught and the petitioners were arrested. It was submitted that such conduct of the petitioners the fact that from the trolley attached to the tractor, which is an open vehicle, loading of such huge quantity of illicit liquor packed in cartons could not have been without the full knowledge of the petitioners. Further, it was submitted that even the tractor was without any number plate, which clearly shows that it was being used with the intention of committing crime and transportation of illicit liquor.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioners on bail.

Accordingly, the application stands dismissed.