Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40387 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MANOJ KUMAR Son of Krishna Rai Resident of village - Gobindpur Naya Tola, P.S.- Fatuha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 242 of 2023 registered for the offence under Sections 420, 414/34 of the Indian Penal Code and under Section 30(a) and 32(2) of the Bihar Prohibition and Excise Act.

4. The accused/petitioner is named in the F.I.R. and is in custody since 12.04.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 197 litres of IMFL/country made liquor from the alleged vehicle.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner not apprehended on spot and as such it can be safely said that alleged recovery of illicit liquor not made from

Patna High Court CR. MISC. No.40387 of 2023(2) dt.18-07-2023 2/2 physical possession of this petitioner. It is submitted that the name of petitioner surfaced on the basis of suspicion, where nothing surfaced during the course of investigation as to connect him with present recovery of illicit liquor. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from conscious physical possession of this petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 12.04.2023, accordingly, above named petitioner is directed to be released on bail in connection with Begusarai Town P.S. Case No. 242 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise-i, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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