Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33612 of 2022 Arising Out of PS. Case No.-247 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== MANOJ SAH Son of Late Bhikari Sah @ Bhikhari Sahu Resident of Village - Dudhi Patti, P.s.- Simari, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 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 Brahampur (Chakki O.P.) P.S. Case No. 247 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 12.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 8.64 litres of IMFL/country made liquor from motorcycle.

Patna High Court CR. MISC. No.33612 of 2022(2) dt.12-08-2022 2/2 Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from motorcycle, which was jointly occupied, thereby denying conscious physical possession of the petitioner. It has further been submitted that investigation is complete, where chargesheet has been submitted. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner 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 Brahampur (Chakki O.P.) P.S. Case No. 247 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 Special Judge, Excise Court No. 2, Buxar/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

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