Bhagirath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36499 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- JHAJHA District- Jamui ====================================================== Bhagirath Yadav Son of Late Lochan Yadav R/O Village- Sikardih, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2022 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 Jhajha P.S. Case No. 108 of 2022 registered for the offences under Sections 30(A)/32 of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 30.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 10 litres Mahua wine from the house of the petitioner.

Patna High Court CR. MISC. No.36499 of 2022(2) dt.18-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the house of the petitioner which is jointly occupied by other family members and, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. It is also submitted that the seizure list is not supported by independent witnessess, which appears in violation of Section 100(4) of Cr.P.C., as required for the search of house.While concluding the argument, it has been submitted that investigation has been completed, for which, 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 was made from the house of the petitioner. Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor was not made from the conscious physical possession of the petitioner in the background of the disputed seizure list 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 Jhajha, P.S. Case No. 108 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.36499 of 2022(2) dt.18-08-2022 3/3 amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Jamui/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

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