Jitendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5851 of 2022 Arising Out of PS. Case No.-209 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== Jitendra Ray Son of Chandeshwar Ray Resident of Village - Mohanpur, P.s.- Piprahi, Distt.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Ms. .Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 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 Piprahi P.S. Case No. 209 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 30.10.2021.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 103.200 litres of Nepali liquor.

Learned counsel appearing on behalf of the petitioner submitted that nothing recovered from the conscious physical

Patna High Court CR. MISC. No.5851 of 2022(3) dt.15-07-2022 2/3 possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery of illicit liquor is not from the jointly occupied house of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery is not 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, let the petitioner, above named, is directed to be released on bail in connection with Piprahi P.S. Case No. 209 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 Additional Session Judge 2nd-cumSpecial Judge (Excise), Sheohar, District- Sheohar, 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

Patna High Court CR. MISC. No.5851 of 2022(3) dt.15-07-2022 3/3 ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Arjun Kumar, who is the brother-in-law of the petitioner and deponent of the present bail petition."

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