Sanjeev Kumar @ Sanjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28682 of 2022 Arising Out of PS. Case No.-409 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Sanjeev Kumar @ SANJIT SINGH Son of Suresh Prasad Singh Resident of village - Panapur Bateshwar Nath, P.S.- Jandaha, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-08-2022 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 Bidupur P.S. Case No. 409 of 2019 registered for the offence under Section 30(a) , 38 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 26.03.2022.

The allegation against the petitioner is to have in possession of 4906 liters of foreign liquor of different brands was recovered from the D.C.M. truck.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced during the course of investigations as a driver of alleged vehicle from where illicit liquor

Patna High Court CR. MISC. No.28682 of 2022(2) dt.06-08-2022 2/3 was recovered named this petitioner. It is also submitted that it is an admitted position that no recovery of illicit liquor was made from the possession of the petitioner, who is a man of clean antecedent, 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 this is not a case of recovery of illicit liquor from the physical possession of the petitioner as per seizure list.

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 Bidupur P.S. Case No. 409 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court no. 1-cumAdditional Sessions Judge Vaishali City/concerned Court, subject to the following conditions as mentioned under Section 437(3) of Cr.P.C.

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

Patna High Court CR. MISC. No.28682 of 2022(2) dt.06-08-2022 3/3