Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29003 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- SAHPUR District- Patna ====================================================== MANOJ KUMAR Son of Sri Naresh Singh Resident of Village - Gangapur, P.S. - Narhat, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar, APP ====================================================== 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 Shahpur P.S. Case No. 76 of 2022 registered for the offence under Section 30(a), 32(ii), 56 and 41 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioners are named in the F.I.R. and are in custody since 15.02.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.29003 of 2022(2) dt.05-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 72 litres of IMFL/country made liquor from the car. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the jointly occupied car, and as such it cannot be said to be recovered from conscious 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 was made from the jointly occupied car.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Shahpur P.S. Case No. 76 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.29003 of 2022(2) dt.05-08-2022 3/3 under Section 437(3) of Cr.P.C.

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