Abbu Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20865 of 2022 Arising Out of PS. Case No.-311 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== Abbu Nat Son of Sultan Nat Resident of Village - Gunhariya, P.S. - Raghunathpur, Dist.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam, Advocate For the Opposite Party/s :

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

The petitioner seeks bail in connection with Mairwa P.S. Case No. 311 of 2021 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 06.10.2021.

The allegation against the petitioner is have in possession of 206.16 liters of illicit liquor, which was recovered from a car bearing Registration no. UP 14 AF 2258. Learned counsel appearing on behalf of the petitioner submitted that petitioner was none but a passer-by and he has

Patna High Court CR. MISC. No.20865 of 2022(2) dt.15-07-2022 2/3 been arrested under wrong impression that he has connection with the recovery of illicit liquor. It is submitted that petitioner is neither the owner nor the driver of the alleged vehicle. 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 the recovery is not from the physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery is not from the conscious physical possession of the petitioner 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 Mairwa P.S. Case No. 311 of 2021 on furnishing bail bond of Rs.

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.20865 of 2022(2) dt.15-07-2022 3/3 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 Baharan Nat, who is the cousin brother of the petitioner and deponent of the present bail petition."

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