Annu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44435 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- GOVINDPUR District- Nawada ====================================================== Annu Kumar Son of Arun Kumar Singh R/O Village- Madhopur, P.S.- Satgawan, District- Koderma (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-09-2022 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 Govindpur P.S. Case No. 93 of 2021 registered for the offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

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

Patna High Court CR. MISC. No.44435 of 2022(2) dt.07-09-2022 2/3 custody since 27.06.2022 The allegation against the petitioner is to involve in illegal trading of illicit liquor, where 6580 liters of illicit liquor was recovered from a truck bearing Registration no. BR 25 GA 1478.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in the present case only for the reason that petitioner is the owner of the truck from where the alleged recovery of illicit liquor was made. It is further submitted that, admittedly, this is not a case of recovery of illicit liquor from the conscious physical possession of the petitioner. While concluding the argument, it is categorically submitted that 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 coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in

Patna High Court CR. MISC. No.44435 of 2022(2) dt.07-09-2022 3/3 connection with Govindpur P.S. Case No. 93 of 2021 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 Court-I, Nawada/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