Ashik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41168 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Ashik Kumar Son Of Arun Tiwari Resident Of Village- Tiwari Bigha, P.SKako, District- Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Upadhyay For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Excise Mashaurhi P.S. Case No. 224 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The petitioner is named in the F.I.R. and is in custody since 18.04.2024.

4. The allegation against the petitioner is to be engaged in illegal trading of illicit liquor, where, there is recovery 150 liters of country made liquor.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.41168 of 2024(2) dt.13-06-2024 2/3 petitioner submitted that petitioner being the driver of the tempo, falsely implicated with present case. It is pointed out that the tempo in issue is accessible by general public therefore the recovery of illicit liquor cannot be said to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent. It is also submitted that the seizure list witnesses appears doubtful being not supported by independent witnesses rather by police personal who are interested witnesses.

6. Learned APP, opposes the prayer of bail.

7. In view of the aforesaid factual submissions, as recovery of alleged illicit liquor appears to be made from a public carrier making a prima-facie doubt about the recovery of said illicit liquor from the conscious physical possession of the petitioner, accordingly, let the petitioner, above named, is directed to be released on bail in connection with Excise Mashaurhi P.S. Case No. 224 of 2024 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.41168 of 2024(2) dt.13-06-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sp. Judge Excise Exclusive Court No. 2, Patna, subject to the conditions as mentioned under Section 437(3) of Cr.P.C. (Chandra Shekhar Jha, J) Sudha/- U T