Moti Tanti @ Moti Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50338 of 2022 Arising Out of PS. Case No.-195 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== Moti Tanti @ Moti Lal Son Of Late Shankar Tanti R/O Mohalla- Manpur, Baijnath Sahay Lane, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, 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 Buniyadganj P.S. Case No. 195 of 2020 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

Patna High Court CR. MISC. No.50338 of 2022(2) dt.30-09-2022 2/3 custody since 30.07.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 135 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated in this case only for the reason that he is the owner of rented premises, from where recovery of illicit liquor was made, denying thereof conscious physical possession of the petitioner. It is submitted that petitioner is a man of clean antecedent. While concluding the argument, it is categorically 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 recovery of illicit liquor was not made from the conscious physical possession of the 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 Buniyadganj P.S. Case No. 195 of 2020 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.50338 of 2022(2) dt.30-09-2022 3/3 satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Gaya/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