Akhilesh Kumar Verma @ Guddu Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36385 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== Akhilesh Kumar Verma @ Guddu Lal Son of Sidhnath Prasad @ Phulan Lal Resident of Mohalla- Railway Colony, Bihiya, P.S.- Bihya, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar Ray, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2022 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 Bihiya P.S. Case No. 83 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 09.03.2022.

The allegation against the petitioner is to have involved in the illegal business of illicit liquor, where 180.4 liters English wine was recovered from the house of co-accused,

Patna High Court CR. MISC. No.36385 of 2022(2) dt.18-08-2022 2/3 namely, Pradeep Prasad.

Learned counsel appearing on behalf of the petitioner submitted that recovery is made from the house of the coaccused, namely, Pradeep Prasad, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner and nothing surfaced during the course of investigation, which may connect the petitioner with the alleged recovery of illicit liquor. 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 recovery of illicit liquor was not made from the physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery was not made from the conscious physical possession of the petitioner 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 Bihiya P.S. Case No. 83 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.36385 of 2022(2) dt.18-08-2022 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-cum-Additional District and Sessions JudgeIX, Bhojpur, Ara/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