Arun Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16862 of 2022 Arising Out of PS. Case No.-211 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== Arun Gupta Son of Brajkishore Gupta @ Brij Kishor Gupta Resident of Village - Rausar Kothi, P.s.- Ramchandra Mission , Distt.- Shahjanhapur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, 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 Madhuban P.S. Case No. 211 of 2021 registered for the offence under Sections 272, 273, 120B, 420, 467, 468 and 471 of the Indian Penal Code and Sections 30(a), 32, 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The accused/petitioner is named in the F.I.R. and is in custody since 12.07.2021.

The allegation against the petitioner is to have in possession of 8812.26 liters of illicit foreign liquor, which was

Patna High Court CR. MISC. No.16862 of 2022(2) dt.29-07-2022 2/3 recovered from a truck bearing Registration no. HR 67 9685. Learned counsel appearing on behalf of the petitioner submitted that petitioner is the driver of the alleged vehicle and nothing surfaced during the course of investigation, which may suggest that petitioner was aware about the illegal consignment of illicit liquor loaded in the vehicle. It is submitted that recovery of illicit liquor is not from the conscious physical possession of the petitioner. 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 petitioner is the driver of the alleged vehicle.

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 Madhuban P.S. Case No. 211 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.16862 of 2022(2) dt.29-07-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Excise Court No.2, East Champaran, Motihari/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 Anoop Kumar Gupta, who is the brother of the petitioner and deponent of the present bail petition."

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