Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27718 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- DANAPUR District- Patna ====================================================== DHEERAJ KUMAR Son of Shri Krishna Rai @ Krishna Ray Resident of Village - Sherpur Brahmchari, P.s.- Maner, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, 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 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 Danapur P.S. Case No. 33 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 11.01.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 120 litres of illicit country made liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.27718 of 2022(2) dt.08-07-2022 2/3 submitted that alleged recovery has been made from the Auto, which was jointly occupied by several co-accused, moreover, implication of the present petitioner was only for the reason that he was standing nearby the place of seizure. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that chargesheet 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 alleged recovery has been made from the Auto, which was jointly occupied, as per FIR. Considering the facts and circumstances as mentioned above, as alleged recovery has not been made from conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 33 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 Special Judge Excise Act, Danapur, Patna, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.27718 of 2022(2) dt.08-07-2022 3/3 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 Sunil Kumar, who is the brother of the petitioner and deponent of the present bail petition."

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