Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27811 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== AMAN KUMAR Son of Sri Shatrudhan Ray Resident of Village - Kushar Khas, P.S.- Mahua, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-08-2022 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 Excise Case No. 32 of 2022 registered for the offence under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 10.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 86.4 litres of IMFL from the car. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.27811 of 2022(2) dt.05-08-2022 2/2 submitted that petitioner was passers by and he was falsely implicated in this case. It is submitted that he is no way connected with alleged vehicle and illicit liquor. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed.

Learned APP, while opposing the prayer of bail, fairly conceded that recovery of illicit liquor was made from the car. Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Excise Case No. 32 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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