Nem Giri @ Namegiri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39755 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== Nem Giri @ Namegiri Son Of Mohangiri Resident Of Village - Ratasar, P.S. - Vijrad, Distt. - Badmer, State- Rajasthan.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar No. 1, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rani Talab P.S. Case No. 67 of 2023 bearing Spl. Case No. 462/2023 registered for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 30(a), 32(ii)(iii), 36, 41(i) & (ii) of Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 02.03.2023.

The allegation against the petitioner is to have in possession of illicit liquor of 2615.4 litres alongwith other coaccused persons and also to involve in illegal trade thereof. It is

Patna High Court CR. MISC. No.39755 of 2023(2) dt.07-07-2023 2/3 further alleged that accused persons including this petitioner forged and fabricated engine and chassis number of alleged vehicle carrying consignment of illicit liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner is a driver, where nothing surfaced during the course of investigation that he was under knowledge of carrying consignment of illicit liquor, which is prohibited under the law. It is submitted that petitioner is a driver, he is not in position to explain the alleged chassis/engine number. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as petitioner is a driver, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 02.03.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Rani Talab P.S. Case No. 67 of 2023 bearing Spl. Case No. 462/2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl.

Patna High Court CR. MISC. No.39755 of 2023(2) dt.07-07-2023 3/3 Exclusive Spl. Judge Cum Additional Sessions Judge-Danapur, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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