Sujit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8618 of 2022 Arising Out of PS. Case No.-500 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Sujit Rai S/o Suresh Rai Resident of Village- Madhuban, P.S.- Kanti, DistrictMuzaffarpur, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 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 two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Kanti P.S. Case No.500 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 25.10.2021.

The accusation against the petitioner is having in possession of 6.750 liters of foreign made liquor which is alleged to be recovered from the joint family poultry farm of the petitioner.

Patna High Court CR. MISC. No.8618 of 2022(2) dt.07-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery cannot be made from the exclusive possession of the petitioner for the reason that the said poultry farm is not exclusively occupied by the petitioner. It is further submitted, as regard to the criminal antecedents of the petitioner, that the name of the petitioner was involved in four cases on the basis of confessional statement. Learned APP appearing on behalf of the State fairly conceded that recovery is not made from the exclusive possession of the accused/petitioner but raise concern that the accused/petitioner is involved in eight cases of similar nature.

Considering the facts and circumstances as mentioned above and as recovery is not made from the exclusive possession of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Kanti P.S. Case No.500 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.8618 of 2022(2) dt.07-06-2022 3/3 shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother."

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