Jamshed Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46210 of 2022 Arising Out of PS. Case No.-283 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== JAMSHED KHAN Son of Jamaludin Resident of Village - Gundwas, P.S. Hasanpur, District - Palwal (Hariyana) At present resident of House No. 207 Near B.N. Public School Bhadkal, Hariyana.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh, Advocate For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-09-2022 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 Mohania P.S. Case No. 283 of 2022 registered for the offence under Sections 30(a), 32(i)(iv), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 01.06.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is
Patna High Court CR. MISC. No.46210 of 2022(2) dt.13-09-2022 2/3 recovery of 2323.36 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner is the driver of the alleged vehicle, where alleged illicit liquor was recovered. It is submitted that nothing surfaced during course of investigation which may suggest that he was under knowledge about the illegal consignment of illicit liquor, as such, it cannot said to be recovered from conscious physical possession of the petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent, moreover, investigation has been completed, for which, 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 alleged recovery of illicit liquor not appears to be made from conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mohania P.S. Case No. 283 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.46210 of 2022(2) dt.13-09-2022 3/3 each to the satisfaction of learned Additional Session Judge II - cum-Special Judge Excise Kaimur at Bhabua/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U