Pradeep Singh @ Pradeep Kumar Singh @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27324 of 2022 Arising Out of PS. Case No.-79 Year-2019 Thana- PURAINI District- Madhepura ====================================================== PRADEEP SINGH @ PRADEEP KUMAR SINGH @ PRADEEP KUMAR Son of Late Gore Lal Singh Resident of Village - Alam Nagar, Ward No.- 7, P.S.- Alam Nagar, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2022 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 Puraini P.S. Case No. 79 of 2019 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 26.04.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 100.5 litres of illicit IFML.

Patna High Court CR. MISC. No.27324 of 2022(2) dt.29-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that admittedly, the petitioner was not apprehended on spot along with illicit liquor, as such, it cannot be said that the alleged recovery has been made from the conscious physical possession of the petitioner. It is also submitted that name of the petitioner surfaced, in the present case, on the basis of some unknown villagers. It is also submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 46678 of 2019 dated 02.08.2019.

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 has not been made from physical possession of the petitioner, as per seizure list. Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner 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 Puraini P.S. Case No.

Patna High Court CR. MISC. No.27324 of 2022(2) dt.29-07-2022 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Madhepura/concerned court, subject to the following conditions:

"(i)That 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 Sangita Devi, who is the sister of the petitioner and deponent of the present bail petition."

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