Mayank Bhardwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46092 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== Mayank Bhardwaj, Son Of Naveen Bhardwaj @ Naveen Sharma, R/O C-39, Patel Garden, Karol More, South-West, Delhi-110078 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-09-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks.

In the present case, the petitioner seeks bail in connection with Manigachhi P.S. Case No. 52 of 2022, registered for the alleged offences under Section 420 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

As per prosecution case, the police received information about smuggling of India made foreign liquor by 34 vehicles. The identified vehicles were intercepted and the coaccused persons were apprehended. Recovery of 1052.5 liters of

Patna High Court CR. MISC. No.46092 of 2022(2) dt.30-09-2022 2/3 India made foreign liquor was made from the intercepted vehicles. The co-accused named this petitioner as the person who had been working in the trade of illicit liquor. Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in this case as he is the owner of one of the vehicles from which recovery has been shown. Except for this fact, he has no concern with the alleged occurrence. The petitioner was not apprehended from the spot nor he was seen fleeing away from the spot. Nothing incriminating has been recovered from his conscious possession. Except for the disclosure made by the co-accused, there is nothing against this petitioner. The charge sheet has been submitted in this case. The petitioner is in custody since 25.06.2022 and is having clean antecedent.

Learned A.P.P. opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and further considering the submission of charge sheet and the period of custody of the petitioner along with his clean antecedent, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties

Patna High Court CR. MISC. No.46092 of 2022(2) dt.30-09-2022 3/3 of the like amount each to the satisfaction of learned Special Judge, Excise-2, Darbhanga, in connection with Manigachhi P.S. Case No. 52 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T