Ankur Jain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40606 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Ankur Jain Son of Akhilesh Jain Resident of Ward No.- 9 Dalmianagar, P.S.- Dalmianagar, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Sinha, Advocate For the State :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Rail Sasaram P.S. Case No. 74 of 2022 registered for the offence under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in

Patna High Court CR. MISC. No.40606 of 2022(2) dt.23-08-2022 2/3 custody since 25.04.2022.

The allegation against the petitioner is to involve in illegal trading of illicit liquor, where 141.060 liters of illicit liquor was recovered from goods train.

Learned counsel appearing on behalf of the petitioner submitted that the recovery of illicit liquor was made from wagon of goods train, which is not connected with the petitioner in any manner. It is submitted that admittedly, this is not a case of recovery of illicit liquor from the physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that recovery was made from wagon of goods train, as per seizure list. Considering the facts and circumstances as mentioned above, as 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 coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is

Patna High Court CR. MISC. No.40606 of 2022(2) dt.23-08-2022 3/3 directed to be released on bail in connection with Rail Sasaram P.S. Case No. 74 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No.2, Gaya/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T