Golu Tiwari @ Golu Kumar Tiwari @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49201 of 2022 Arising Out of PS. Case No.-289 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== GOLU TIWARI @ GOLU KUMAR TIWARI @ GOLU KUMAR Son of Satya Narayan Yadav @ Satyanaryn Tiwari Resident of village - Posdaha Ward No.- 06, P.S.- Fulkaha, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.

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

The petitioner seeks bail in connection with Narpatganj P.S. Case No. 289 of 2022 registered for the offence under Sections 272, 273 of the Indian Penal Code and 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 24.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there

Patna High Court CR. MISC. No.49201 of 2022(2) dt.30-09-2022 2/3 was recovery of 648 litres of Nepali Liquor.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure made by apprehended driver, Md. Anwarul, of one pick up van, from where recovery of alleged illicit liquor was made. It is further submitted that maximum allegation against the this petitioner is to escort the said pickup van, which was carrying illicit liquor, where nothing surfaced during the course of investigation to connect petitioner with said allegation. It is also submitted that admittedly, there is no recovery of illicit liquor from the vehicle, where petitioner was available. While concluding the argument, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as maximum allegation against this petitioner is to act as a liner 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 Narpatganj P.S. Case No. 289 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.49201 of 2022(2) dt.30-09-2022 3/3 satisfaction of learned Exclusive Special Judge Excise-1, Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T