Naresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31395 of 2022 Arising Out of PS. Case No.-932 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== NARESH SINGH S/o Late Kuldeep Singh Resident of Village- Turki Naya Tola, P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-08-2022 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 Kudhani (Turki O.P.) P.S. Case No. 932 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 25.02.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 56.7 litres of illicit IMFL.

Patna High Court CR. MISC. No.31395 of 2022(2) dt.10-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of secret input of local Chaukidar/police spy. It is also submitted that recovery has been made from Bamboo clumps of coaccused, namely, Suman Singh, 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 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, 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 Kudhani (Turki O.P.) P.S. Case No. 932 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

Patna High Court CR. MISC. No.31395 of 2022(2) dt.10-08-2022 3/3 (Excise) Court No.II, Muzaffarpur 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