Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67906 of 2022 Arising Out of PS. Case No.-642 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== Bittu S/O Inder Singh @ Inder Kumar R/O Saj Nagar, Tohna, Fatehabad, P.STohna, District- Fatehabad, Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dehri (Town) P.S. Case No. 642 of 2019 registered for the offence under Sections 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 19.10.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 7464.96 litres of IMFL/country made liquor from the alleged vehicle.

Patna High Court CR. MISC. No.67906 of 2022(2) dt.24-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner implicated in present case only being the owner of alleged vehicle from where illicit liquor was recovered. It is submitted that admittedly, no recovery of illicit liquor was made from the conscious physical possession of this petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering 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 already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dehri (Town) P.S. Case No. 642 of 2019 on furnishing bail bond 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, Rohtas at Sasaram/concerned court, subject to the conditions as mentioned under Section 437

(3) of the Cr.P.C. with further condition:

Patna High Court CR. MISC. No.67906 of 2022(2) dt.24-12-2022 3/3 "Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents."

(Chandra Shekhar Jha, J) pooja/- U T