Sipahi Kumar @ Sipahi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35514 of 2022 Arising Out of PS. Case No.-556 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== SIPAHI KUMAR @ SIPAHI YADAV S/O SRI HARENDRA YADAV RESIDENT OF VILLAGE- JOGIYA, P.S.- HARSIDHI, DISTRICT- EAST CHAMPARAN.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== 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 Majhaulia P.S. Case No. 556 of 2019 registered for the offence under Sections 413/414/420/467/468/353/34 of the Indian Penal Code and 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 14.02.2022.
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of
Patna High Court CR. MISC. No.35514 of 2022(2) dt.17-08-2022 2/3 257.070 litres of illicit liquor.
Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was not made from conscious physical possession of the petitioner, where the name of the petitioner surfaced on the basis of input given by police spy. It is also submitted that petitioner found involved in 5 other criminal cases of similar nature, has been falsely implicated in the present case also. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet 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 has not been made from conscious physical possession of the petitioner, as per seizure list.
Considering the facts and circumstances as mentioned above, as the recovery has not been made from 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 Majhaulia P.S. Case No. 556 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.35514 of 2022(2) dt.17-08-2022 3/3 of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, West Champaran at Bettiah/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T