Amod Kumar @ Amod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34613 of 2022 Arising Out of PS. Case No.-262 Year-2021 Thana- PIPRA District- Supaul ====================================================== AMOD KUMAR @ AMOD KUMAR YADAV S/o Chandeshwari Yadav R/o village- Bishanpur Ward No. 12, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar, 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.

At the outset, learned counsel for the petitioner submitted that inadvertently, name of district Supaul left to be typed.

Accordingly, learned counsel for the petitioner is permitted to make necessary correction, during course of the day itself.

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

The petitioner seeks bail in connection with Pipra P.S. Case No. 262 of 2021 registered for the offence under Sections

Patna High Court CR. MISC. No.34613 of 2022(2) dt.12-08-2022 2/3 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 21.01.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 104.4 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor is made from road side area, which is 15 Km. Away from the house of the petitioner, which is accessible by general public, denying thereof conscious physical possession of the petitioner. It is 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 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 Pipra P.S. Case No. 262 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 Court of Special

Patna High Court CR. MISC. No.34613 of 2022(2) dt.12-08-2022 3/3 Judge, Excise, Court No.1, Supaul/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T