Dhruv Kumar @ Kale v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30143 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== Dhruv Kumar @ Kale Son of Rambabu Sah Resident of Village - Barahi, Police Station- Parihar, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for 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 Parihar P.S. Case No. 31 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 17.02.2022.

The allegation against the petitioner is to have in possession of 350.100 liters, which was recovered from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submitted that recovery has been made from the house of the

Patna High Court CR. MISC. No.30143 of 2022(2) dt.01-07-2022 2/3 petitioner which is jointly occupied by other family members and nothing recovered from the conscious physical possession of the petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the recovery has not been made from the conscious physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery cannot be said from conscious physical possession of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Parihar P.S. Case No. 31 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 Court-II, Sitamarhi, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical

Patna High Court CR. MISC. No.30143 of 2022(2) dt.01-07-2022 3/3 ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Lila Devi, who is the mother of the petitioner and deponent of the present bail petition."

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