Md. Munna Khan @ Muna Kawari @ Munna Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17225 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- GALGALIYA District- Kishanganj ====================================================== Md. Munna Khan @ Muna Kawari @ Munna Khan S/O Md. Khan R/O Village- Lakaridepur, P.S- Galgalia, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dineshwar Tiwary, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-07-2023 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 Galgaliya P.S. Case No. 55 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and under Sections 8(c) and 21(b) of the N.D.P.S. Act, 1985. The accused/petitioner is named in the F.I.R. and is in custody since 13.12.2022.
The allegation against the petitioner is to have in possession of 68.10 grams of brown sugar and also 750ml of illicit liquor.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.17225 of 2023(3) dt.04-07-2023 2/3 submitted that the alleged recovery of illicit liquor and brown sugar were made from the shop of this petitioner, which is accessible by general public and, as such, it cannot be said that alleged recovery of illicit liquor and contraband were made from conscious physical possession of this petitioner. It is submitted that the recovered quantity of brown sugar is less than commercial quantity and, as such, rigorous provision of Section 37 of the N.D.P.S. Act not appears to be applicable in present case. It is also pointed out that similarly situated co-accused persons, namely, Md. Khan and Sagira Khatun have already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 5384 of 2023 vide order dated 13.04.2023. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above as recovery of illicit liquor and contraband i.e., brown sugar not appears to be made from conscious physical possession of this petitioner, where brown sugar appears less
Patna High Court CR. MISC. No.17225 of 2023(3) dt.04-07-2023 3/3 than commercial quantity, coupled with the fact that chargesheet has been submitted, where petitioner is in custody since 13.12.2022, accordingly, the above named petitioner is directed to be released on bail in connection with Galgaliya P.S. Case No. 55 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-II-cum-Special Judge (Excise)-1, Kishanganj, Bihar/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T