Rajesh Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35387 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- PANAPUR District- Saran ====================================================== Rajesh Nut Son of Visha Nut Resident of Pipara (at present - Gamahari), P.S.- Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Panapur P.S. Case No. 14 of 2022 registered for the offence under Sections 39, 30(a), 38 and 41 of Bihar Prohibition and Excise Act.

The accused/petitioner is named in the F.I.R. and is in custody since 16.01.2022.

Patna High Court CR. MISC. No.35387 of 2022(2) dt.16-08-2022 2/3 The allegation against the petitioner is to involve in the illegal business of illicit liquor, where 1200 lilters of country made wine was recovered.

Learned counsel appearing on behalf of the petitioner submitted that recovery was made from the open place like 'Diyara', as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. It is submitted that nothing surfaced during the course of investigation, which may connect the petitioner with the present recovery of illicit liquor. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that recovery was made from the open place.

Considering the facts and circumstances, as mentioned above, as recovery was made from the open place, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.35387 of 2022(2) dt.16-08-2022 3/3 Panapur P.S. Case No. 14 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T