Bauna @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39352 of 2022 Arising Out of PS. Case No.-562 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== BAUNA @ KUNDAN KUMAR S/o Late Mahendra Chauhan R/o villageUttari Sangat, P.S.- Phulwarisharif, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== 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 Special Case No. 4348 of 2021 registered for the offence under Sections 30(a), 36, 41, 51 of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 09.04.2022.

Patna High Court CR. MISC. No.39352 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 3472.23 litres of IMFL/country made liquor from the house of co-accused person.

Learned counsel appearing on behalf of the petitioner submitted that the recovery of alleged illicit liquor was made from the house of the co-accused W. Paswan. It is also submitted that the name of the petitioner surfaced on the basis of input given by unknown villagers and admittedly, the recovery of illicit liquor was not made 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 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 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

Patna High Court CR. MISC. No.39352 of 2022(2) dt.20-08-2022 3/3 with Special Case No. 4348 of 2021 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, Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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