Thakra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48678 of 2023 Arising Out of PS. Case No.-383 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Thakra Ram Son Of Ganga Ram Resident Of Village - Batadu, P.S. - Gidda, Distt. - Barmer, State - Rajasthan.

... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anish Kumar, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, 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 Mahua P.S. Case No. 383 of 2023 registered for the offence under Sections 272, 273, 420, 467, 120(B), 34 of the Indian Penal Code and Sections 30(a), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.

4. The accused/petitioner is named in the F.I.R. and is in custody since 26.06.2023.

Patna High Court CR. MISC. No.48678 of 2023(2) dt.10-08-2023 2/3

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2505.6 litres of IMFL/country made liquor from the alleged truck.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner is a driver, where nothing surfaced during the course of investigation, which may suggest that he was aware about the carrying illegal consignment of illicit liquor, and as such, it can be said safely that recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner, where petitioner is a man of clean antecedent.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above as alleged recovery of illicit liquor not appears to be made from the conscious physical possession of this petitioner, where implication appears only being driver of the alleged vehicle from where illicit liquor was recovered, where petitioner is in custody since 26.06.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Mahua P.S. Case No. 383 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.48678 of 2023(2) dt.10-08-2023 3/3 sureties of the like amount each to the satisfaction of learned Exclusive Special Court (Excise)-02-cum-Addl. 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) veena/- U T