Md Faiyyaj Ansari @ Md Faiyaz Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15945 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- BAUNSI District- Banka ====================================================== MD FAIYYAJ ANSARI @ MD FAIYAZ ANSARI Son of Jamal Ansari Resident of Village - Dahua, P.s.- Bounsi, Distt.- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar @Deepak Sahay, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2022 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. 32 of 2022 registered for the offence under Section 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 13.02.2022.
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there was total recovery of 168.405 litres of illicit country made foreign liquor.
Patna High Court CR. MISC. No.15945 of 2022(2) dt.01-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is neither owner nor the driver of the alleged vehicle, rather he took lift for a destination. It has further been submitted that illicit liquor was kept in 'Dicky' of the car and it cannot be said that the recovery has been made from the conscious physical possession of the petitioner. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged recovery has been made from the dicky of the alleged car.
Considering the facts and circumstances as mentioned above, as recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Bounsi P.S. Case No. 32 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.15945 of 2022(2) dt.01-07-2022 3/3 each to the satisfaction of learned Additional District and Sessions Judge-II, Banka, subject to the following conditions: "(i) 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 Jahangir Ansari, who is the brother-in-law of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/ R.S. Sen/- U T