Awadhesh Rai @ Abdhesh Kr @ Awadhesh Kr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58731 of 2022 Arising Out of PS. Case No.-386 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Awadhesh Rai @ Abdhesh Kr @ Awadhesh Kr, Son of Shiva Balak, Rai Resident of Village- Kaji Patti( Chandni Chowk ), P.O.- Mohanpur, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Special Case No. 3802 of 2022 arising out of Gardanibagh P.S. Case No. 386 of 2022 registered for the alleged offences under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

As per prosecution case, recovery of 838.08 litres of India made foreign liquor was made from a pick-up van which was being driven by the petitioner who was apprehended from the spot.

Patna High Court CR. MISC. No.58731 of 2022(2) dt.25-11-2022 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his conscious possession and he has no concern with the recovered illicit liquor. The petitioner is only a driver and he was instructed by the owner of the vehicle to send the goods but he has no knowledge about the nature of consignment. Petitioner has never indulged in illicit trade of liquor. The petitioner is in custody since 06.07.2022 and the charge-sheet has been submitted in this case. The petitioner is having clean antecedent. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 3802 of 2022 arising out of Gardanibagh P.S. Case No. 386 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

Patna High Court CR. MISC. No.58731 of 2022(2) dt.25-11-2022 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T