Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31224 of 2022 Arising Out of PS. Case No.-109 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== SUNIL YADAV S/o Late Ram Bilash Yadav Resident of Village-Tendua, P.S.- Jamhore, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-08-2022 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 Jamhore P.S. Case No.109 of 2021 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 07.05.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 288 litres of illicit liquor.

Learned counsel appearing on behalf of the petitioner submitted that recovery has been made from open place like bed of canal, as such, it cannot be said that the alleged recovery has

Patna High Court CR. MISC. No.31224 of 2022(2) dt.08-08-2022 2/2 been made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet 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 recovery was made from open place. Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner 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 Jamhore P.S. Case No.109 of 2021 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, Aurangabad/concerned court, subject to the conditions, as mentioned in Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T