Sujeet Kushwaha @ Suchit Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40609 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Sujeet Kushwaha @ Suchit Kushwaha, S/o Jitendra Bhagat, R/o VillageRanipur, P.S.- Kateya, Dist-Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Sripur P.S. Case No.14 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The accused/petitioner named in the FIR and is in custody since 14.03.2024.

4. Allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where there is recovery of 126 liters of Indian made foreign illicit liquor.

5. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.40609 of 2024(2) dt.10-06-2024 2/3 petitioner that factual background of this case suggest prima facie that recovery cannot be said to be made from conscious physical possession of this petitioner. It is submitted that alleged motorcycle carrying illicit liquor is not connected in any manner with this petitioner. While concluding argument, it is submitted that petitioner found involved in one more criminal case of similar nature, 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 for grant of bail to the petitioner.

7. In view of aforesaid facts and circumstances and by taking note of fact as recovery prima facie not appears to be made from conscious physical possession of this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 14.03.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of

Patna High Court CR. MISC. No.40609 of 2024(2) dt.10-06-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XIII-cum-Special Judge, Excise1, Gopalganj in connection with Sripur P.S. Case No.14 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC.

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