Anwarul @ Md. Anwarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43680 of 2022 Arising Out of PS. Case No.-289 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Anwarul @ Md. Anwarul S/o Md. Latir @ Latir Resident of Village - Fenagarh, Ward No. 10, P.S.- narpatganj (Bathnaha), District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Pd Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 Narpatganj P.S. Case No. 289 of 2022 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 24.06.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 648 litres of illicit liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.43680 of 2022(3) dt.27-09-2022 2/2 submitted that petitioner is a driver, where nothing surfaced during the course of investigation to suggest that he was under knowledge to carry illegal consignment of illicit liquor. Petitioner is a man of clean antecedent and moreover, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery not appears from conscious physical possession of this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Narpatganj P.S. Case No. 289 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 Special Judge Excise-1, Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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