Amit Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40752 of 2022 Arising Out of PS. Case No.-315 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Amit Malakar son of Mohan Malakar Resident of Village- Maghauna, P.S.- Alauli, District - khagagria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-08-2022 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 Khagaria (Muffasil) P.S. Case No. 315 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

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

Patna High Court CR. MISC. No.40752 of 2022(2) dt.24-08-2022 2/3 custody since 28.04.2022.

The allegation against the petitioner is to involve in the illegal trading of illicit liquor, where 5139 liters of foreign liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is the owner of the alleged vehicle, which is not connected to the petitioner in any manner. It is submitted that this is not a case of recovery of illicit liquor from the conscious 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 opposes the prayer of bail.

In view of 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 directed to be released on bail in connection with Khagaria (Muffasil) P.S. Case No. 315 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.40752 of 2022(2) dt.24-08-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise JudgeI, Khagaria/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U