Ramayan Kumar Ishwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49073 of 2023 Arising Out of PS. Case No.-475 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.
Ramayan Kumar Ishwar S/O Late Upendra Ishwar R/O VillageDashrathpur, Ps. Munsurchak, Dist. Begusarai 2.
Purushotam Kumar @ Purushattam Kumar S/O Chandramauli Singh R/O Village- Khutha Dih, Ps.- Barhiya, Dist. Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhushan Poddar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-08-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State.
2. The petitioners seek bail in connection with Banka Excise Complaint Case No. 475 of 2023 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. The accused/petitioners are named in the F.I.R. and are in custody since 13.05.2023.
4. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 774 litres of foreign liquor from the alleged vehicle.
Patna High Court CR. MISC. No.49073 of 2023(2) dt.10-08-2023 2/3
5. Learned counsel appearing on behalf of the petitioners submitted that petitioner no. 1 is the owner and petitioner no. 2 is the driver of the alleged vehicle from where alleged illicit liquor appears to be recovered. It is submitted that nothing surfaced, during the course of investigation, which may suggest that they were aware about carrying consignment of illicit liquor and it can be said safely that alleged illicit liquor not appears to be made from conscious physical possession of these petitioners. While concluding the argument, it has been submitted that petitioners are men 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.
6. Learned APP opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from conscious physical possession of these petitioners, who are of clean antecedent, coupled with the fact that charge-sheet has already submitted, where petitioners are in custody since 13.05.2023, accordingly both the petitioners, above named, are directed to be released on bail in connection with Banka Excise Complaint Case No. 475 of 2023 on
Patna High Court CR. MISC. No.49073 of 2023(2) dt.10-08-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge-V, Banka/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T