Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32139 of 2022 Arising Out of PS. Case No.-1046 Year-2021 Thana- NAGAR District- Vaishali ====================================================== ABHISHEK KUMAR Son of Sanjeet Kumar Singh Resident of Village - Chhoti Marai , P.S.- Pown Hajipur, Distt.- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2022 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 Hajipur Town P.S. Case No. 1046 of 2021 registered for the offence under Sections 30(a), 32(ii), 34(i) and 41 (i) (ii) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 09.03.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 400.485 litres of illicit IMFL.

Patna High Court CR. MISC. No.32139 of 2022(2) dt.08-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that alleged recovery has been made from godown of the petitioner, which accessed by the several staffs and other family members, as such, it cannot be said that recovery has been made from the conscious physical possession of the petitioner. It has further been submitted that petitioner is involved in one case, in which, he is on bail. While concluding the argument, it has been submitted that investigation 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 godown of the petitioner.

Considering the facts and circumstances as mentioned above, as 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 in this case, let the petitioner, above named, is directed to be released on bail in connection with Exclusive Special Excise Court No.1-cumAdditional District and Sessions Judge Vaishali at Hajipur on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.32139 of 2022(2) dt.08-07-2022 3/3 two sureties of the like amount each to the satisfaction of learned Exclusive Judge-1, Begusarai, 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 Sanjeet Kumar, who is the father of the petitioner and deponent of the present bail petition."

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