The High Court granted bail to the appellant, a driver involved in the illegal trade of illicit liquor, noting that recovery was not from his possession and investigation was complete.
Released on bail bond of Rs. 10,000/- with two sureties of Rs. 10,000/- each upon furnishing satisfaction to the Additional Sessions Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6022 of 2022
Arising Out of PS. Case No.-124 Year-2021 Thana- AMAS District- Gaya
======================================================
Ram Bharos Ray @ Ram Vrosa Ray Son of Late Chaitu Rai Resident of Village - Milki, Police Station - Warisnagar, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ujjawal Kumar Singh,Advocate For the Opposite Party/s : Mr. Bishweshwar Ram, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 15-07-2022
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 Amas P.S. Case No. 124 of 2021 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 02.06.2021
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 1053 litres of foreign liquor from Tata 407 vehicle bearing Registration No. BR53-5480.
Patna High Court CR. MISC. No.6022 of 2022(3) dt.15-07-2022 2/3
Learned counsel appearing on behalf of the petitioner submitted that the petitioner is driver of the alleged vehicle, and nothing surfaced during course of investigation, which may suggest that the petitioner was under knowledge of illegal consignment of illicit liquor. It is submitted that recovery is not made from the conscious physical possession of the petitioner. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation in this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is a driver of the vehicle occupied by other co-accused persons.
Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Amas P.S. Case No. 124 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.6022 of 2022(3) dt.15-07-2022 3/3
amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gaya, subject to the following conditions:
“(i) 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.
(ii) That one of the bailors shall be Satish Kumar, who is the son of the petitioner and deponent of the present bail petition.”
(Chandra Shekhar Jha, J)
S.Katyayan/ R.S.Sen/-
U T
1 issue framed by the court
Whether bail should be granted to the accused driver who is not in conscious possession of the seized liquor.
1 provisions across 1 enactments
Ram Bharos Ray @ Ram Vrosa Ray
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
