Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31255 of 2022 Arising Out of PS. Case No.-220 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== AVINASH KUMAR Son of Nawal Roy Resident of Village - Sarmastpur, Police Station- Paroo, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== 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. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Paroo P.S. Case No. 220 of 2019 registered for the offence under Sections 30 and 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 07.03.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 70.92 litres of illicit IMFL.

Learned counsel appearing on behalf of the petitioner submitted that recovery has been made from open place i.e. 'Shisham' garden, which is accessible by general public, as such, it

Patna High Court CR. MISC. No.31255 of 2022(2) dt.10-08-2022 2/2 cannot be said that the alleged recovery has been made from the conscious physical possession of the petitioner. It is also submitted that name of the petitioner surfaced on the basis of disclosure made by local 'Chaukidar'. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, 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 Paroo P.S. Case No. 220 of 2019 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), 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