Mehar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67095 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== MEHAR SINGH S/O HARICAND Resident of village- Butana, P.S.- Bairauda, District- Sonipat (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 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 Mohammadpur P.S. Case No. 236 of 2022 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 custody since 25.09.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 306 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.67095 of 2022(2) dt.23-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner was driver of the alleged vehicle from where recovery of alleged illicit liquor was made, where nothing surfaced during the course of investigation, which may suggest that petitioner was under knowledge to carry the consignment of illicit liquor. It is submitted that petitioner was apprehended for the reason that he was running from the place of recovery. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, 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.

In view of the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this 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 Mohammadpur P.S. Case No. 236 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 Additional District and Sessions Judge-Iind-cum-Special Judge Excise-I,

Patna High Court CR. MISC. No.67095 of 2022(2) dt.23-12-2022 3/3 Gopalganj/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C with further condition:

"That Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents."

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