Neshar Ansari @ Nesar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66222 of 2022 Arising Out of PS. Case No.-451 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Neshar Ansari @ Nesar Ansari Son of Mohd Yakub Ansari R/V- Pakaridayal, Ward No. 7, P.S- Pakridayal, Dist- East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Excise P.S. Case No.451 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accused/petitioner is named in the F.I.R. and is in custody since 25.07.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 60.480 litres of illicit IMFL/country made liquor.

Patna High Court CR. MISC. No.66222 of 2022(2) dt.23-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that merely on the basis of suspicion, petitioner has been apprehended in the present case, as the alleged recovery of illicit liquor was made from the roadside and, as petitioner was passer by, his signature was taken on the seizure list. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as seizure list appears doubtful being not supported by independent witnesses coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Excise P.S. Case No.451 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 learned Special Judge, Excise Court No.

Patna High Court CR. MISC. No.66222 of 2022(2) dt.23-12-2022 3/3 paran at Motihari/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T