Muzaffarpur v. City

The State of Bihar ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr.Ashok Kumar Jha, Advocate Ms.Indu Kumari Srivastava, APP 2 20-08-2022 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 Sadar P.S. Case No. 680 of 2021 registered for the offence under Section 272 and 273 of the Indian Penal Code and Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 27.04.2022. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 7696.800 litres of IMFL/country made liquor from the alleged Truck.

Learned counsel appearing on behalf of the petitioner submitted that petitioner involved in present case, only for being the owner of Shree Om Bottlers and Blenders Pvt. Ltd. Patna High Court CR. MISC. No.37657 of 2022(2) dt.20-08-2022 Company in Bokaro, Jharkhand (registered under Companies Act, 1956). Admittedly, petitioner is doing in business of liquor manufacturing and it is not a case of recovery of illicit liquor. It has been submitted that investigation is complete, where 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 that it is not a case of recovery of illicit liquor. Considering the facts and circumstances as mentioned above, as petitioner is the owner of the company, which is registered under Companies Act, 1956, doing in business of liquor manufacturing in Bokaro, Jharkhand 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 Sadar P.S. Case No.

680 of 2021 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 Excise Court No. 1, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T