Anil Sah @ Anil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37340 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== Anil Sah @ Anil Prasad Son of Ram Lakhan Sah @ Ram Lakhan Prasad R/O Village- Karhi Khurd, P.S.- Basantpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 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 Basantpur P.S. Case No. 112 of 2022 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 17.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 100 litres of IMFL/country made liquor from the alleged Gumati (wooden chamber).

Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the Gumati (wooden chamber), which is not connected in any manner with the petitioner and, as such, it cannot be said to be

Patna High Court CR. MISC. No.37340 of 2022(2) dt.20-08-2022 2/2 recovered from the conscious physical possession of the petitioner, who is a man of clean antecedent. It has been submitted that investigation is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that the recovery of illicit liquor was made from the Gumati (wooden chamber), as per seizure list. 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 Basantpur P.S. Case No. 112 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 Exclusive Special Judge, Excise Court No. 1, Siwan/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

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