Ibrar @ Ibrar Khan @ Avrar @ Avrar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12129 of 2022 Arising Out of PS. Case No.-238 Year-2021 Thana- BAUNSI District- Banka ====================================================== Ibrar @ Ibrar Khan @ Avrar @ Avrar Khan S/o Late Maivu Khan @ Maiku Khan R/o village- Mahmood Nagar, P.S.- Kotwali Mainpuri, Distt.- Mainpuri (U.P.) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bounsi P.S. Case No. 238 of 2021 registered for the offence under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 01.11.2021.

The allegation against the petitioner is to have in possession of 4341.96 liters of illicit foreign liquor, which was

Patna High Court CR. MISC. No.12129 of 2022(3) dt.29-07-2022 2/3 recovered from a truck bearing Registration no. UP 84 T 3411. Learned counsel appearing on behalf of the petitioner submitted that recovery was made from the alleged truck, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner and nothing surfaced during the course of investigation, which may connect the petitioner with the alleged recovery of illicit liquor. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that this is not a case of recovery of illicit liquor from the physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery cannot be said from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bounsi P.S. Case No. 238 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.12129 of 2022(3) dt.29-07-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka/concerned Court, subject to the following conditions: "(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Raheesa Begam, who is the wife of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T