Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38810 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- SANGRAMPUR District- Munger ====================================================== RAJU YADAV Son of Kalevar yadav Resident of Village - Dihrampur, P.S.- Vishanpur, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Jubair Ansari, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== 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 Sangrampur P.S. Case No. 143 of 2021 registered for the offence under Sections 30(a) & 32 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is not named in the F.I.R. and is in custody since 06.01.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 4317.480 litres of IMFL/country made liquor the alleged Truck.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is neither owner nor driver of the alleged vehicle and he is no way connected with alleged truck

Patna High Court CR. MISC. No.38810 of 2022(2) dt.20-08-2022 2/2 from where the recovery of illicit liquor was made. It is further submitted that nothing surfaced during the course of investigation, which may connect the petitioner with alleged recovery. It has been submitted that petitioner is a man of clean antecedent and moreover, investigation is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

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 Sangrampur P.S. Case No. 143 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 Exclusive Special Court Excise-II, Munger/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

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