Dasharath @ Dashrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46212 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== Dasharath @ Dashrat Son Of Ajay Pandit R/O Village- Digha Asiana, Ghurdaur, Road No.2, Police Station - Rajeev Nagar, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anbzarul Haque Sahara, 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 Saran Excise Case No. 228 of 2022 registered for the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 22.06.2022.

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.46212 of 2022(2) dt.13-09-2022 2/3 recovery of 182.160 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner was co-passenger of the alleged vehicle, from where illicit liquor was recovered, who took a lift for a local destination, as such, it cannot be said that recovery was made from conscious physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it has been categorically submitted that investigation of this 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 was not made from 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 Saran Excise Case No. 228 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 Sessions Judge 2nd -cumSpecial Judge 1st Excise Chapra, Saran/concerned court, subject

Patna High Court CR. MISC. No.46212 of 2022(2) dt.13-09-2022 3/3 to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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