Anesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18515 of 2023 Arising Out of PS. Case No.-243 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Anesh Kumar Son of Mulchand (Moolchand) R/V- Devas, Ward no. 7, PSMahendragarh, Dist- Mahendragarh, Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 243 of 2022 registered for the offence under Sections 30(a), 32(iii), 36 and 41(i) of the Bihar Prohibition and Excise Amendment Act.

The accused/petitioner is named in the F.I.R. and is in custody since 07.08.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is

Patna High Court CR. MISC. No.18515 of 2023(3) dt.04-07-2023 2/3 recovery of 1215 litres of IMFL/country made liquor from the alleged truck.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is driver of alleged vehicle, where nothing surfaced during the course of investigation, which may suggest that petitioner was under knowledge to have in possession of illegal consignment of illicit liquor and, as such, it cannot be said that alleged illicit liquor was recovered from the conscious physical possession of this petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, petitioner is a driver coupled with the fact that chargesheet has been submitted, where petitioner is in custody since 07.08.2022, accordingly, the above named petitioner is directed to be released on bail in connection with Kalyanpur P.S. Case No. 243 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to

Patna High Court CR. MISC. No.18515 of 2023(3) dt.04-07-2023 3/3 the satisfaction of learned Court of Special Excise Judge-I, Samastipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T