Aman Raj @ Bhaskar @ Aman Raj Bhaskar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49133 of 2022 Arising Out of PS. Case No.-577 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Aman Raj @ Bhaskar @ Aman Raj Bhaskar S/o- Dhirendra Yadav @ Dhirendra Kumar @ Yadav R/o Village - Tiri, Ward No. - 04, P.S.- Sour Bazar, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-09-2022 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 Madhepura P.S. Case No. 577 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 20.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 308.25 litres of IMFL/country made liquor from Scorpio car. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is not connected in any manner with

Patna High Court CR. MISC. No.49133 of 2022(2) dt.26-09-2022 2/2 alleged vehicle from where recovery of illicit liquor was made. It is further submitted that alleged recovery was made from jointly occupied vehicle and, as such, it cannot be said that it was made from conscious physical possession of this petitioner, who is a man of clean antecedent and moreover, it has been categorically submitted that investigation of this case has been completed, for which, chargesheet 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 cannot be said to be made from conscious physical possession of this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Madhepura P.S. Case No. 577 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 the learned Court of Additional Sessions Judge-II, Madhepura/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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