Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41200 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Golu Kumar S/O Manoj Singh R/O Village- Inarwa, P.S.- Piprahi, DistSheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Sheohar P.S. Case No. 106 of 2024 registered for the offences under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The petitioner is named in the F.I.R. and is in custody since 12.04.2024.

4. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 59.100 litres of

Patna High Court CR. MISC. No.41200 of 2024(3) dt.10-06-2024 2/3 IMFL/country made liquor.

5. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the motorcycle. It is further submitted that motorcycle in issue is not connected in any manner with petitioner. It is submitted that recovery is not made from conscious physical possession of the petitioner, who is a man of clean antecedent. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument it is submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above as recovery of illicit liquor not appears to be made from the conscious physical possession of

Patna High Court CR. MISC. No.41200 of 2024(3) dt.10-06-2024 3/3 this petitioner, coupled with the fact as petitioner is in custody since 12.04.2024, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Sheohar P.S. Case No. 106 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Sheohar/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T