Chandrabhushan Kumar Yadav @ Chandrabhushan Kumar @ Chandrabhushan Yadav @ Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35640 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== CHANDRABHUSHAN KUMAR YADAV @ CHANDRABHUSHAN KUMAR @ CHANDRABHUSHAN YADAV @ BHUSHAN YADAV Son of Surya Narayan Yadav @ Suraj Yadav @ Suraj Narayan yadav Resident of Village - Ward no.02, Kasha, Latauna, P.s.- Triveniganj, Distt.- Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-08-2022 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 Triveniganj P.S. Case No. 202 of 2021 registered for the offence under Section 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 16.01.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 1119.24 litres of illicit liquor.

Learned counsel appearing on behalf of the petitioner submitted that seizure list is not bearing signature of the petitioner,

Patna High Court CR. MISC. No.35640 of 2022(2) dt.17-08-2022 2/2 negating thereof that alleged illicit liquor was recovered from conscious physical possession of the petitioner. It is also pointed out that petitioner is involved in another one case, in which, he is on bail. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, 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 of illicit liquor was not made from physical possession of the petitioner, as per seizure list. Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor was not made from the conscious physical possession of the petitioner 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 Triveniganj P.S. Case No. 202 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 ADJ-IV-cum-Special 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) S.Katyayan/- U T