Karamveer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41170 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- JAMHOR District- Aurangabad ====================================================== Karamveer S/o Late Chand Kiran R/o village Dhasauli, P.S. Gannaur, DisttSonipat, State-Haryana ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Advocate :
Mr. Yugal Kishore, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner seeks bail in connection with Jamhor P.S. Case No. 53 of 2024 registered for the offence under Sections 414/34 of the Indian Penal Code and 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 04.04.2024.
4. The allegation against the petitioner is to
Patna High Court CR. MISC. No.41170 of 2024(2) dt.13-06-2024 2/3 be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 621 litres of IMFL/country made liquor.
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner was implicated only for the reason being helper of the alleged container from, where illicit liquor was recovered. It is pointed out that nothing surfaced during the course of investigation, which may suggest that petitioner was under the knowledge of alleged consignment regarding illicit liquor and it can be safely said that recovery was not made from the conscious physical possession of this petitioner. It is further submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel, who are interested witnesses.
6. Learned APP appearing on behalf of the State, opposes the prayer of bail.
7. In view of the facts and circumstances as mentioned above, as recovery of illicit liquor appears
Patna High Court CR. MISC. No.41170 of 2024(2) dt.13-06-2024 3/3 doubtful from the conscious physical possession of this petitioner, coupled with the fact as petitioner is in custody since 04.04.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Jamhor P.S. Case No. 53 of 2024 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-II, Aurangabad, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- Durgesh/- U T