Monu @ Shashi Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21813 of 2022 Arising Out of PS. Case No.-515 Year-2021 Thana- RAHUI District- Nalanda ====================================================== MONU @ SHASHI ANAND Son of Mr. Sanjit Kumar @ Sanjit Yadav Resident of Village- Baburbanna, P.S.- Rahui (Bhagan Bigha O.P.), DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2022 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 Rahui (Bhagan Bigha) P.S. Case No. 515 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 21.12.2021.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of

Patna High Court CR. MISC. No.21813 of 2022(2) dt.22-07-2022 2/3 212.25 litres of illicit liquor.

Learned counsel appearing on behalf of the petitioner submitted that recovery has been made from alleged vehicle jointly occupied by co-accused and further nothing surfaced during course of investigation, which may connect the petitioner with the alleged recovery of illicit liquor. It is submitted that alleged recovery has not been made from the conscious physical possession of the petitioner. It has further been submitted that petitioner is involved in two cases, in which, he is on bail. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery was made from abundant vehicle, as per seizure list.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rahui (Bhagan Bigha) P.S. Case No. 515 of

Patna High Court CR. MISC. No.21813 of 2022(2) dt.22-07-2022 3/3 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 IV-cumExclusive Special Court (Excise) No.2, Nalanda, Biharsharif/concerned court, subject to the following conditions: "(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) 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.

(iii) That one of the bailors shall be Navin Kumar, who is the brother of the petitioner and deponent of the present bail petition."

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