Imran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42992 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Imran Ansari Son of Riyasat R/O Village- Bishunpura, P.O.- Dandopur, P.S.- Padrauna, District- Kushinagar, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar Jha, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 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 Excise P.S. Case No. 87 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 prosecution report and is in custody since 25.03.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 172.800 litres of IMFL/country made liquor bolero Ambulance.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.42992 of 2022(2) dt.27-08-2022 2/2 submitted that recovery of alleged illicit liquor was made from ambulance van, which was jointly occupied by other co-accused persons, where recovery of illicit liquor was not made from conscious physical possession of the petitioner, who is a man of clean antecedent. It is further submitted that seizure list is disputed for the reason, as same is not supported by independent witnesses. It has been submitted that investigation is complete. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as seizure list appears to be disputed, where petitioner is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Excise P.S. Case No. 87 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 Additional District & Sessions Judge-IV-cum-Special Excise Court-II, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T