Md . Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30649 of 2022 Arising Out of PS. Case No.-152 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== Md . Saddam S/O Md. Jayar Alias Md. Jayar Resident of Mohalla-Banke Gali, P.S.-Kat wali Gaya, Distt.-Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, 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 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 Kotwali, Gaya P.S. Case No. 152 of 2020 registered for the offence under Sections 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 01.05.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.30649 of 2022(2) dt.06-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 27.725 litres of IMFL/country made liquor from house of the petitioner.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery was made from the house of the petitioner, which is jointly occupied by other family members and, as such, it cannot be said to be recovered from conscious physical possession of the petitioner. 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 the recovery of illicit liquor was made from the house of the petitioner.

Considering the facts and circumstances as mentioned above, as the recovery of illicit liquor was not made from the conscious physical possession of the petitioner 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 Kotwali, Gaya P.S. Case No. 152 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.30649 of 2022(2) dt.06-08-2022 3/3 Exclusive Special Excise Court No.-1, Gaya/concerned court, subject to the conditions as mentioned under 437(3) of Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T