Kamlesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40490 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- MADHWAPUR District- Madhubani ====================================================== Kamlesh Sah Son of Late Ram Prasad Sah R/O Vill.- Pirokhar Kayasth Tola, Ward No.07, P.S.- Madhwapur, Dist.- Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha For the Opposite Party/s :
Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner seeks bail in connection with Madhwapur P.S. Case No. 33 of 2024 registered for the offence under Sections 272, 273, 34 of the I.P.C and 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 20.03.2024.
4. The allegation against the petitioner is to be engaged in illegal trading of illicit liquor, where, there is recovery of 123.30 liters of country made liquor.
Patna High Court CR. MISC. No.40490 of 2024(3) dt.10-06-2024 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor is made from the open field, and not from the conscious physical possession of the petitioner. It is submitted that as the petitioner was found involved in similar nature of cases so his name was involved in present case on the basis of inputs given by local chawkidar. While concluding the argument, it has been submitted that investigation is complete, where charge-sheet has been submitted, as such, there is not chance of tempering with the evidence.
6. Learned APP, opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above, and by taking note of the fact as the alleged recovery of illicit liquor appears to be made from the open place which is accessible by general public coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 20.03.2024, let the petitioner, above named, is directed
Patna High Court CR. MISC. No.40490 of 2024(3) dt.10-06-2024 3/3 to be released on bail in connection with Madhwapur P.S. Case No. 33 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 Additional Sessions Judge-II-Cum-Special Judge, Excise Act, Madhubani, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Sudha/- U T