1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6544/2009 Om Prakash & Anr. vs. State of Rajasthan Dated : 28.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Akhil Simlote, for the petitioners. Mr. Amit Punia, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Akhil Simlote Advocate on behalf of the applicants pertaining to F.I.R. No. 112/2009 of Police Station Baggar, District Jhunjhunu in the offences under Sections 19/54 of Rajasthan Excise Act. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioners has contended that the petitioners have been falsely implicated and are in no way connected with the commission of the alleged offences of the instant case. Neither any liquor has been recovered from their possession nor there is any other evidence on record which could connect the petitioner with the offence of the instant case, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application primarily on the ground that during blockade on Chidawa Road at Munia Gotla, one DI Jeep came which was being followed by Pick up. They were asked to stop the vehicles but the drivers of both the vehicles did not stop. The police chased them but two persons from each vehicle succeeded in fleeing. They 2 left the vehicles on road. The pick up was carrying 65 cartons wherein 2208 quarters were lying whereupon 'Sale of Haryana' was printed. The petitioner Om Prakash has been found to be the owner of DI Jeep and Ram Niwas was the driver thereof. They were escorting the pick up whereby the bottles and quarters of liquor were being transported. Thus, looking to the recovery of huge quantity of liquor recovered, the petition may be dismissed. 5. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merits of the case but looking to the huge quantity of illicit liquor recovered from the possession of the petitioners, do not feel inclined to grant bail to the petitioners and the same deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioners namely Om Prakash and Ram Niwas stands dismissed. (MAHESH BHAGWATI)J. Mak/- 31