Md. Aasik @ Md. Ashique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62200 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Md. Aasik @ Md. Ashique son of Late Md. Nazir Mian R/v- Balaur, P.S.- Gaighat, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar, Advocate For the State :

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Gaighat P.S. Case No. 101 of 2021 registered for the offence under Sections 272, 273, 414 and 34 of the Indian Penal Code and Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Patna High Court CR. MISC. No.62200 of 2022(2) dt.02-12-2022 2/3 The accused/petitioner is not named in the F.I.R. and is in custody since 17.08.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where a total of 222.375 liters of foreign liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Rajiv Rai and in furtherance of said confession, nothing incriminating surfaced/recovered to connect this petitioner with the alleged recovery. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor not appears to be made from conscious physical possession of the petitioner coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gaighat P.S. Case No. 101 of 2021 on furnishing bail bond

Patna High Court CR. MISC. No.62200 of 2022(2) dt.02-12-2022 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Muzaffarpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T