Ajeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16578 of 2022 Arising Out of PS. Case No.-727 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== AJEET SINGH Son of Sri Jagdish Singh Resident of Village - Maniyarpur, P.S.- Nathnagar (Madhusudanpur), District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-08-2022 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 Nathnagar (Madhusudanpur) P.S. Case No. 727 of 2021 registered for the offence under Section 30(a)/30(d) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 20.01.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 15 litres of illicit country made liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.16578 of 2022(2) dt.17-08-2022 2/3 submitted that recovery has been made from the roof of jointly occupied house, which may be accessible by family members/ general public, as such, it cannot be said that the alleged recovery of illicit liquor was made from the conscious physical possession of the petitioner. It is also submitted that seizure list is not supported by independent witnesses, which appears to be in violation of Section 100 (4) of the Cr.P.C. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, 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 was made from open place like roof of the house of the petitioner.

Considering the facts and circumstances as mentioned above, as the alleged recovery has been made from open place in the background of disputed seizure list 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 Nathnagar (Madhusudanpur) P.S. Case No. 727 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

Patna High Court CR. MISC. No.16578 of 2022(2) dt.17-08-2022 3/3 learned Exclusive Excise Court No. 2, Bhagalpur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

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