Dharmendra Yadav @ Khesari Yadav @ Dharmendra Kumar @ Khesari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36931 of 2022 Arising Out of PS. Case No.-218 Year-2020 Thana- SIGAUDI District- Patna ====================================================== DHARMENDRA YADAV @ KHESARI YADAV @ DHARMENDRA KUMAR @ KHESARI Son of Butta Singh @ Vijay Singh @ Girja Yadav Resident of Village - Sohara (Sahora), P.S.- Sigori, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== 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 Special Excise Case No. 7481 of 2020 registered for the offence under Sections 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 10.08.2021.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.36931 of 2022(2) dt.20-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 70 litres of IMFL/country made liquor from an open place.

Learned counsel appearing on behalf of the petitioner submitted that the recovery of illicit liquor was made from the forest area of Punpun river which is an open place and accessible by general public and, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. 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 recovery of illicit liquor was made from an open place, as per seizure list.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of petitioner 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 Special Excise Case No. 7481 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.36931 of 2022(2) dt.20-08-2022 3/3 like amount each to the satisfaction of learned Special Judge Excise, Danapur, Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T