Praveen Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17774 of 2022 Arising Out of PS. Case No.-128 Year-2021 Thana- BARUN District- Aurangabad ====================================================== Praveen Singh Son of Rajeshwar Singh R/O Village- Dhanauti, P.S.- Barun, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

The petitioner seeks bail in connection with Barun P.S. Case No. 128 of 2021 registered for the offence under Section 30(a) of the Bihar Excise Prohibition (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 10.02.2022.

The allegation against the petitioner is to have in possession of 375 liters of country made, recovered from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor is from the

Patna High Court CR. MISC. No.17774 of 2022(2) dt.15-07-2022 2/3 house of the petitioner, which is jointly occupied by other family members, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. It is submitted that similarly situated co-accused has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 50289 of 2021 dated 26.11.2021. While concluding the argument, it is submitted that 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 the house of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery cannot be said from the conscious physical possession of the petitioner 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 Barun P.S. Case No. 128 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 learned Special Judge, Excise-1st, Aurangabad, Bihar/concerned Court, subject to the

Patna High Court CR. MISC. No.17774 of 2022(2) dt.15-07-2022 3/3 following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) 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.

(iii) That one of the bailors shall be Ramadhar Singh, who is the cousin of the petitioner and deponent of the present bail petition."

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