Shubham Kumar @ Subham Kumar @ Shubham Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16510 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Shubham Kumar @ Subham Kumar @ Shubham Kumar Singh S/o Rambabu Singh Resident of Village- Areraj (Jhakhra), P.S.- Govindganj, DistrictMotihari (East Champaran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khuchaikote P.S. Case No. 31 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 22.01.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 85.59

Patna High Court CR. MISC. No.16510 of 2022(2) dt.15-07-2022 2/3 litres of IMFL.

Learned counsel appearing on behalf of the petitioner submitted that the recovery has been made from the alleged car, which was jointly occupied by other co-accused persons, as such, it cannot be said that the recovery has been made from conscious physical possession of the petitioner. It has further been submitted that seizure list is disputed, as the same has not been supported by the independent witnesses. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet 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 recovery has been made from jointly occupied car.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khuchaikote

Patna High Court CR. MISC. No.16510 of 2022(2) dt.15-07-2022 3/3 P.S. Case No. 31 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 & Sessions Judge-IV-cum- Special Excise Court-II, Gopalganj/concerned court, subject to the following conditions:

"(i) Accused/Petitioner shall 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 Ram Babu Singh, who is the father of the petitioner and deponent of the present bail petition."

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