Sharam Nath Alias Sharav Nath Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15977 of 2022 Arising Out of PS. Case No.-314 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Sharam Nath @ Sharav Nath Das son of sokhilal das resident of village - khairamath , ward no.11, p.s.- Jaynagar, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 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 G.O. Case No. 314 of 2021 registered for the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 24.10.2021.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 134 liters of Gaurav Soffi Nepali country made liquor from the

Patna High Court CR. MISC. No.15977 of 2022(2) dt.15-07-2022 2/3 vehicle bearing Registration No. BR06 PB4476. Learned counsel appearing on behalf of the petitioner submitted that petitioner is cleaner/helper of the alleged vehicle, which was jointly occupied by the other co-accused persons, as such, it cannot be said that the alleged 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 prosecution report has been submitted Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery has been made from alleged vehicle, which was jointly occupied by the other co-accused persons.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with G.O. Case No. 314 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani, subject to the following

Patna High Court CR. MISC. No.15977 of 2022(2) dt.15-07-2022 3/3 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 Sakal Das, who is the father-in-law of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T