Amar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32476 of 2022 Arising Out of PS. Case No.-133 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== AMAR YADAV S/o Baleshwar Yadav Resident of Village- Chatra, P.S.- Khajauli, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-09-2022 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 Babubarhi P.S. Case No. 133 of 2021 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and 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 30.07.2021.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 381 litres of illicit Nepali liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.32476 of 2022(3) dt.05-09-2022 2/3 submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Gopal Mandal, and admittedly, it is not a case of recovery, 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 petitioner is a man of clean antecedent. 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 alleged recovery of illicit liquor was not made from physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent 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 Babubarhi P.S. Case No. 133 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.32476 of 2022(3) dt.05-09-2022 3/3 Madhubani/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T