Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12531 of 2022 Arising Out of PS. Case No.-295 Year-2021 Thana- JALALPUR District- Saran ====================================================== Raju Kumar S/o- Punkeshwar Yadav Resident of Village - Nakta Diyara (Digha), P.S. - Digha, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, 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 Jalalpur P.S. Case No. 295 of 2021 registered for the offence under Section 30(A) of Bihar Prohibition and Excise Act, 2016. The accused/petitioner is named in the F.I.R. and is in custody since 17.11.2021.

The allegation against the petitioner is to involve in illegal business of illicit foreign made liquor and to have in possession of 369.375 liters of IMFL.

Learned counsel appearing on behalf of the petitioner submitted that the alleged car, from where IMFL was seized,

Patna High Court CR. MISC. No.12531 of 2022(2) dt.24-06-2022 2/3 was found to be in occupancy of several co-accused persons also, as such, it cannot be said that the alleged recovery of illicit liquor is from the conscious physical possession of the petitioner. While concluding the argument, it has further been submitted that petitioner is a man of clean antecedent and chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the alleged car was also occupied by other co-accused persons.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit IMFL has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Jalalpur P.S. Case No. 295 of 2021 on furnishing bail bond of Rs.

"(i) Accused/Petitioner shall

Patna High Court CR. MISC. No.12531 of 2022(2) dt.24-06-2022 3/3 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 ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Kunal Kumar, who is the nephew of the petitioner and deponent of the present bail petition."

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