Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47479 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== Ajit Kumar S/O Late Madan Sah Resident of village- Sarisaw Pahi, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the State :

Mr. Narsing Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-09-2022 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 Ganga Bridge P.S. Case No. 66 of 2022 registered for the offence under Sections 467, 468, 471, 420, 120(B)/34 of Indian Penal Code and Section 30(a)/36/41(1) of Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 25.06.2022.

The allegation against the petitioner is to be

Patna High Court CR. MISC. No.47479 of 2022(2) dt.19-09-2022 2/3 engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2240.250 litres of IMFL/country made liquor from truck.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of disclosure made by co-accused, namely, Rishiraj, where nothing incriminating surfaced/recovered during the course of investigation, which may connect petitioner with alleged recovery of illicit liquor. It is submitted that this is not a case of recovery from conscious physical possession of the petitioner, who is a man of clean antecedent and, moreover, investigation of this case 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 recovery of alleged illicit liquor was not made from physical possession of this petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is

Patna High Court CR. MISC. No.47479 of 2022(2) dt.19-09-2022 3/3 directed to be released on bail in connection with Ganga Bridge P.S. Case No. 66 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 Exclusive Special Excise court No. 1 Cum Additional District and Sessions Judge, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T