Chandeshwari Mandal @ Chandra Shekhar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28198 of 2022 Arising Out of PS. Case No.-566 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Chandeshwari Mandal @ Chandra Shekhar Mandal Son Of Busu Mandal Resident Of Village- Koshkipur, P.S.- Tikapatti, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-08-2022 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 Gopalpur (Rangra) P.S. Case No. 566 of 2021 registered for the offence under Section 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 21.02.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.28198 of 2022(2) dt.05-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1 liter of country made liquor and 2000 litres semi prepared country made liquor from the open field. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the open field in front of the "basa", and as such it cannot be said to be recovered from the physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that recovery of illicit liquor is made from the open field.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gopalpur (Rangra) P.S. Case No. 566 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.28198 of 2022(2) dt.05-08-2022 3/3 amount each to the satisfaction of learned Additional Session Judge IXth, Bhagalpur/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T