Manoj Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27333 of 2022 Arising Out of PS. Case No.-119 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Manoj Kumar Chauhan Son of Devendra Singh Resident of Village - bakhri Doa, P.s.- Goraul (Katahara O.P.), Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, 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 Patepur P.S. Case No. 119 of 2021 registered for the offence under Sections 420, 467, 468, 414 and 120(B) of the Indian Penal Code and under Sections 30(a), 32(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 03.12.2021.

The allegation against the petitioner is to involve in illegal trading of illicit liquor, where a total of 2,359.29 liters of

Patna High Court CR. MISC. No.27333 of 2022(2) dt.15-07-2022 2/3 foreign liquor was recovered from three vehicles. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced in the present case only being the owner of the vehicle and nothing surfaced during the course of investigation, which may suggest that he was under knowledge of the illegal consignment of illicit liquor. 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, while opposing the prayer of bail, fairly conceded that it is not a case of recovery of illicit liquor from the physical possession of the petitioner, as per F.I.

R. Considering the facts and circumstances as mentioned above, as nothing surfaced, which my suggest that petitioner was under knowledge of the illegal consignment of illicit liquor 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 Patepur P.S. Case No. 119 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.27333 of 2022(2) dt.15-07-2022 3/3 Additional District & Sessions Judge, Vaishali at Hajipur/concerned Court, subject to the following 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 Devendra Singh, who is the father of the petitioner and deponent of the present bail petition."

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