Chhotelal Rajwanshi @ Fantus @ Chhote Rajwanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36565 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- SIRDALA District- Nawada ====================================================== Chhotelal Rajwanshi @ Fantus @ Chhote Rajwanshi Son of Chandrika Rajwanshi R/O Village- Pandeydih, P.S.- Sirdala, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== 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 Sirdala P.S. Case No. 16 of 2022 registered for the offence under Sections 30(a)/41 of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 14.03.2022.

Patna High Court CR. MISC. No.36565 of 2022(2) dt.20-08-2022 2/3 The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 42 litres of IMFL/country made liquor from the motorcycle.

Learned counsel appearing on behalf of the petitioner submitted that admittedly, the petitioner was not apprehended on spot and his name was disclosed by apprehended co-accused persons. It is submitted that no illicit liquor was 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 the illicit liquor was not recovered from the physical possession of the petitioner, 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 the 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 Sirdala P.S. Case No. 16 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.36565 of 2022(2) dt.20-08-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1, Nawada/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T