Amit Kumar @ Amit Singh @ Lala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27360 of 2022 Arising Out of PS. Case No.-427 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== AMIT KUMAR @ AMIT SINGH @ LALA Son of Shatrudhan Singh @ Jhagaru Singh Resident of Village - Ambwara, P.S. - Saraiya, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2022 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 Saraiya P.S. Case No. 427 of 2021 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and 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 27.01.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 3826

Patna High Court CR. MISC. No.27360 of 2022(2) dt.29-07-2022 2/3 litres of illicit IMFL.

Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is limited only to act as route liner for alleged vehicle, involved in transportation of illicit liquor. It is also submitted that similarly situated coaccused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 44573 of 2021 dated 13.04.2022. It is also submitted that admittedly, this is not a case of recovery of illicit liquor from conscious physical possession of the petitioner, moreover, 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 the allegation against the petitioner is limited only to act as route liner.

Considering the facts and circumstances as mentioned above, as nothing surfaced against the petitioner, which may connect the petitioner, prima-facie, with the alleged recovery of illicit liquor 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 Saraiya P.S. Case No. 427 of

Patna High Court CR. MISC. No.27360 of 2022(2) dt.29-07-2022 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 Special Judge Excise, Muzaffarpur/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 Pinki Devi, who is the mother of the petitioner and deponent of the present bail petition."

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