Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46601 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== SHAMSHER Son of Telu Ram Resident of Village - Dhundwa (Dhundhwa), P.S.- Kelayat, District - Kaithal, State - Haryana. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-09-2022 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 Excise P.S. Gopalganj Case No. 29 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 custody since 19.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 1289.160 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.46601 of 2022(2) dt.14-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is the driver of alleged vehicle, from where illicit liquor was recovered, moreover, nothing surfaced during course of investigation, which may suggest that petitioner was under knowledge to have consignment of illicit liquor. It is submitted that no recovery was made from conscious physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Excise P.S. Gopalganj Case No. 29 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-IVcum-Special Judge Excise, Court No.11, Gopalganj/concerned

Patna High Court CR. MISC. No.46601 of 2022(2) dt.14-09-2022 3/3 court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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