Sandeep v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49028 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Sandeep Son of Sanwant Singh Resident Of Village-Bahu, P.S.-Salwas, District-Jhajjar (Hariyana).

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Mehsi P.S. Case No. 60 of 2023 registered for the offence under Sections 30(a), 32(ii)(iii), 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act, 2018.

4. The accused/petitioner is named in the F.I.R. and is in custody since 13.03.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2664 litres of foreign liquor from the container truck bearing Registration No. MH46AF-3354.

Patna High Court CR. MISC. No.49028 of 2023(2) dt.10-08-2023 2/3

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner took a lift for a short destination from the driver of alleged vehicle from where illicit liquor appears to be recovered. It is submitted that nothing surfaced during the course of investigation, which may suggest that petitioner having knowledge regarding consignment of alleged illicit liquor. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above and by taking note of fact as alleged recovery of illicit liquor not appears to be made from the conscious physical possession of this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 13.03.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Mehsi P.S. Case No. 60 of 2023 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

Patna High Court CR. MISC. No.49028 of 2023(2) dt.10-08-2023 3/3 Court No. 1, East Champaran at Motihari/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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