Raj Kumar Sharma @ Asheshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10024 of 2022 Arising Out of PS. Case No.-262 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== RAJ KUMAR SHARMA @ ASHESHWAR DAS Son of Late Mahanand Das Resident of Ward No.11, Kushmaul, P.S.- Bhargama, District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2022 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 a period of four weeks from today.

The petitioner seeks bail in connection with Kochadhaman P.S. Case No. 262 of 2021 registered for the offence under Sections 272 and 273 of IPC and Section 30(a), 32, 41 and 47 of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 20.09.2021.

The allegation against the petitioner is to have in possession of total 111 litres of illicit foreign made liquor. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery has not been made from the

Patna High Court CR. MISC. No.10024 of 2022(2) dt.24-06-2022 2/3 conscious physical possession of the petitioner as nothing surfaced during course of the investigation to the connect the petitioner with the alleged vehicle. It has further been submitted that the petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that chargesheet 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 alleged recovery has not been made from the conscious possession 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 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 Kochadhaman P.S. Case No. 262 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 District and Sessions Judge-II-cum-Special Judge (Excise), Kishanganj, subject to the following conditions:

"(ii) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.10024 of 2022(2) dt.24-06-2022 3/3 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.

(iii) That one of the bailors shall be Bhikhan Das, who is the cousin brother of the petitioner and deponent of the present bail petition."

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