Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33615 of 2022 Arising Out of PS. Case No.-450 Year-2021 Thana- SAHPUR District- Patna ====================================================== GOLU KUMAR S/o Lakhan Rai R/o Mohalla- New Yarpur, Janta Road, Yadav Lane Gali, P.s.- Gardanibag, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Khurshid Anwar, 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 Shahpur P.S. Case No. 450 of 2021 registered for the offence under Sections 30(a), 30(c), 34, 41 and 56 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 02.12.2021.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.33615 of 2022(2) dt.12-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 70 litres of IMFL/country made liquor from motorcycle.

Learned counsel appearing on behalf of the petitioner submitted that petitioner was apprehended while running from the place of recovery on the basis of suspicion. It is submitted that petitioner is not connected in any manner with alleged vehicle, where illicit liquor was recovered. It is also submitted that petitioner is a man of clean antecedent. It has further been submitted that investigation is complete, where charge-sheet 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, who is a man of clean antecedent 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 Shahpur P.S. Case No. 450 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 Excise Judge, Danapur, Patna/concerned court, subject to the conditions as mentioned

Patna High Court CR. MISC. No.33615 of 2022(2) dt.12-08-2022 3/3 under Section 437(3) of Cr.P.C.

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