Vishal Chaudhary @ Vishal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13678 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- HUSSAINGANJ District- Siwan ====================================================== Vishal Chaudhary @ Vishal Manjhi Son of Prabhu Chaudhary Resident of Village- Gosopali, P.S.- Hussainganj, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2022 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 Hussainganj P.S. Case No. 11 of 2022 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 11.02.2022.

The allegation against the petitioner is to involve in the illegal trading of illicit liquor, where 159.560 liters of country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that the recovery is from open area (bamboo clump),

Patna High Court CR. MISC. No.13678 of 2022(3) dt.08-07-2022 2/3 which is in no way connected with the petitioner, as such, it cannot be said from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, 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 recovery is from open area, as per F.I.R.

Considering the facts and circumstances as mentioned above, as recovery is from open area, as such, it cannot be said 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, let the petitioner, above named, is directed to be released on bail in connection with Hussainganj P.S. Case No. 11 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 Additional District and Sessions Judge-II-cum-Special Judge (Excise), Siwan, subject to the following conditions:

"(i) Accused/Petitioner shall

Patna High Court CR. MISC. No.13678 of 2022(3) dt.08-07-2022 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 Prabhuji Manjhi, who is the cousin of the petitioner and deponent of the present bail petition."

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