Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30684 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Sudhir Kumar S/o Shiv Kumar Singh R/o village- Sahdulapur, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd., 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 Hajipur Industrial Area P.S. Case No. 42 of 2022 registered for the offence under Sections 30(a), 32(i)(ii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 08.03.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 6347.460 litres of IMFL/country made liquor from

Patna High Court CR. MISC. No.30684 of 2022(2) dt.06-08-2022 2/3 the Truck bearing registration no. JH02Q9060. Learned counsel appearing on behalf of the petitioner submitted that admittedly, as it appears from bare perusal of F.I.R. that petitioner was a labour engaged with unloading of truck, loaded with alleged illicit liquor parked in Industrial Area of Hajipur, nothing surfaced during course of investigation to connect petitioner, prima facie, with the alleged recovery. It is also submitted that petitioner involved in two other nature of cases, where he is on bail. 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 petitioner was engaged as labour, as per F.I.R. Considering the facts and circumstances as mentioned above, as the petitioner was engaged as labour, working in Industrial Area 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 Hajipur Industrial Area P.S. Case No. 42 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 Exclusive Special Excise

Patna High Court CR. MISC. No.30684 of 2022(2) dt.06-08-2022 3/3 Court No.-1,-cum-Additional Sessions Judge, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T