Sunil Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34572 of 2022 Arising Out of PS. Case No.-89 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== SUNIL RAJVANSHI S/o Rohan Rajvanshi Resident of Village - Kumbhiyatari Colony, P.S. RAjauli, District - Nawada. At present Resident of Village - Kharaundh, P.S.- Sirdala, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Ms.Rita Verma, 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 Rajauli P.S. Case No. 89 of 2019 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 29.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 90 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.34572 of 2022(2) dt.12-08-2022 2/2 submitted that recovery of illicit liquor was made from the house of the petitioner, which is jointly occupied by other family members, denying thereof conscious physical possession over alleged illicit liquor. It has 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 Rajauli P.S. Case No. 89 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 Exclusive Special Excise Judge-II, Nawada/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