Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40839 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- Gopalpur District- Gopalganj ====================================================== Raj Kumar Singh, Son of Laxman Singh, Resident of Village-Sangwadih, P.S.-Gopalpur, District-Gopalganj.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmveer Jha, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The accused/petitioner seeks bail in connection with Gopalpur P.S. Case No. 04 of 2024 registered for the offences punishable under Sections Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The petitioner named in the FIR and is in custody since 01.04.2024.

4. Allegation against the petitioner is to have in possessions of 90 litres of country made illicit liquor and

Patna High Court CR. MISC. No.40839 of 2024(3) dt.13-06-2024 2/3 also to involve in alleged trade of illicit liquor.

5. It is submitted by learned counsel for the petitioner that the motorcycle in issue, from where the illicit liquor alleged to be recovered is not connected in any manner with the petitioner, and, as such, it can be said safely that the recovery of the alleged illicit liquor was not made from the conscious physical possession of this petitioner. It is submitted that implication of petitioner appears out of suspicion due to his criminal antecedents as he found also involved in four similar nature of cases, where he is on bail and, moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submissions and by taking note of fact as recovery of alleged illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, coupled with the

Patna High Court CR. MISC. No.40839 of 2024(3) dt.13-06-2024 3/3 fact that charge-sheet has already submitted, where petitioner is in custody since 01.04.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-IV-Cum-Exclusive Spl.

Excise court-II, Gopalganj/concerned court in connection with Gopalpur P.S. Case No. 04 of 2024 subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J) veena/suruchiU T