Suraj Rai @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37310 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== SURAJ RAI @ SURAJ KUMAR S/O AJAY RAI @ AJAY KUMAR RAY Resident of Village- Lawapur, P.S.- Mahnar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Matloob Rab, AAP ====================================================== 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 Mahnar P.S. Case No. 85 of 2022 registered for the offence under Section 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 08.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is

Patna High Court CR. MISC. No.37310 of 2022(2) dt.20-08-2022 2/3 recovery of 333 litres of IMFL/country made liquor from the campus of Hiranand High School.

Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the campus of Hiranand High School and is not from the conscious physical possession of the petitioner. It is submitted that the name of the petitioner surfaced on the basis of input given by local chaukidar, where petitioner is a man of clean antecedent. It has been submitted that investigation is complete, where chargesheet 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 recovery of illicit liquor was not made from the physical possession of the petitioner, as per seizure list. Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent 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 Mahnar P.S. Case No. 85 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.37310 of 2022(2) dt.20-08-2022 3/3 satisfaction of learned Exclusive Special Excise Court No-2cum-Additional District & Sessions Judge, Hajipur at Vaishali/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T