Siyaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30030 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== SIYARAM YADAV S/o Sri Anantlal Yadav @ Anandi Yadav R/o villageLaxmipur Sayat, Ward No. 02, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Akbar Ali, 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 Raghopur P.S. Case No. 25 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 19.01.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 135 Nepal country made liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.30030 of 2022(2) dt.05-08-2022 2/2 submitted that recovery of illicit liquor was made from the toilet of the house, which is under occupancy of all family members, where nothing incriminating recovered from conscious physical possession of petitioner, who is a man of clean antecedent. It has been submitted that investigation is complete, where chargesheet has been submitted. Learned APP, opposes the prayer of bail.

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 of 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 Raghopur P.S. Case No. 25 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 Court No.2, Supaul/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