Akhilesh Kumar Upadhyay vs. The State Of Bihar

ORAL ORDER 2 30-09-2022 Learned counsel for the petitioner is permitted to re- move the defect(s), as pointed out by the office, within a period of four weeks from today. Heard Mr. Vinod Kumar, learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks regular bail, who is in custody in connection with Khajekalan P.S. Case No. 24 of 2022 registered for the offences punishable under Sections 30(a), 32(i) (ii), 33, 34, 36, 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018. The prosecution case is based on the written report of S.I. Khajekalan police station, alleging therein that in course of investigation in connection with a case of a hooch tragedy, the 2/5 informant came across to an information that some persons after buying spirit, preparing illicit wine and used to sell it in the market. On the aforesaid information, one Deepak Kumar was apprehended by the police and he disclosed the name of the petitioner, from where he purchased the said spirit. The pe- titioner on being apprehended disclosed that he is indulged in business of selling floor cleaner fragrance etc., in the name and style of Shine Magic Floor Cleaner and later on, the police came to know that staff of the petitioner had purchased synthetic ebsensiyal oil from Ganga and Sons. Thereupon, the police ap- prehended the proprietor of Ganga and Sons, namely, Sanjeev Kumar and Vijay Kumar Gupta. Learned counsel appearing on behalf of the petitioner submits that from the FIR, it would be evident that no incrimi- nating material has been recovered from his person or posses- sion and save and except the statement of Deepak Kumar, who disclosed the name of the petitioner that it is he, who can dis- close the whereabout of the supplier, there is no material sug- gesting the complicity of the petitioner in this case. He next sub- mits that the petitioner is a proprietor of a firm in the name and style of Anita Traders, dealing in manufacturing and trading of Phenyl, Hand was and other toiletries cleaniers products, for 3/5 which he has proper GST registration number. He next submits that the co-accused, Sanjeev Kumar, from whose possession synthetic ebsensiyal oil, was recovered has already been granted bail by this Court in Cr. Misc. No.13762 of 2022, vide order 15.07.2022 and moreover the petitioner having fair antecedent, prior to the institution of Munar (Buxar) P.S. Case No. 10 of 2022, registered under the Bihar Prohibition and Excise Act and now he is in custody since 27.04.2022, though the investigation of the crime is already complete and the charge-sheet has been submitted. On the other hand, learned APP for the State opposes the bail application and submits that other co-accused persons have disclosed the name of the petitioner as manufacturer and supplier of synthetic ebsensiyal oil and complicit of the peti- tioner cannot be ruled out. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the save and except the disclosure made by the co-accused person there is no material against the petitioner and neither any in- criminating material much less synthetic ebsensiyal oil has been recovered from his conscious possession and the shop premises, apart from the fact that the co-accused person , having identical 4/5 allegation and in fact from whose possession recovery has been made has already been granted bail by this Court and now the the investigation of the crime is already complete and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Khajekala P.S. Case No. 24 of 2022 subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial. (ii) He will remain present on each and every date of trial till disposal of the case. (iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled. (v) The court below shall verify the criminal an- tecedent of the petitioner and in case, at any stage, it is found 5/5 that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

manoj/- (Harish Kumar, J) U T