Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36731 of 2022 Arising Out of PS. Case No.-489 Year-2021 Thana- BYPASS District- Patna ====================================================== Chandan Kumar Son of Naresh Bind R/O- Bahari Begampur, Beldari Tola, P.S.- Bypass, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr Singh No.1 For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-08-2022 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 Bypass P.S. Case No. 489 of 2021 registered for the offence under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2018.

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

Patna High Court CR. MISC. No.36731 of 2022(2) dt.22-08-2022 2/3 custody since 14.12.2021.

The allegation against the petitioner is to have in possession of 200 liters of Mahua liquor, which was recovered from a tempo.

Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from jointly occupied tempo, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, 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 the alleged vehicle was jointly occupied.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor cannot be said to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent 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 Bypass P.S. Case No. 489 of 2021 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.36731 of 2022(2) dt.22-08-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City (Patna)/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