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Patna High CourtCR. MISC./40844/2024bail granted

Ravindra Kumar Sahu @ Ravindra Kumar Sah v. The State Of Bihar

2024-06-11Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40844 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Ravindra Kumar Sahu @ Ravindra Kumar Sah S/O Binod Sahu @ Vinod Sah Resident Of Village- Balat, P.S- Rahika, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 82 of 2024 registered for the offences under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. The petitioner is named in the F.I.R and in custody since 13.03.2024.

4. The allegation against the petitioner is to have in possession of 150 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.40844 of 2024(2) dt.11-06-2024 2/3 petitioner submitted that motorcycle from where illicit liquor was recovered, not belongs to this petitioner. It is submitted that as petitioner found running away from the place of recovery, he was apprehended without having any connecting evidence. Learned counsel submitted that petitioner is a man of clean antecedent. It is submitted that seizure list appears not supported by independent witnesses rather by police personnel and, moreover, investigation in this case is completed, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the aforesaid factual submission as the recovery of illicit liquor from conscious physical possession of the petitioner appears prima-facie doubtful coupled with the fact that petitioner is in custody since 13.03.2024, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Jaynagar P.S. Case No. 82 of 2024 on furnishing bail

Patna High Court CR. MISC. No.40844 of 2024(2) dt.11-06-2024 3/3 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Sessions Judge - 2nd - cum Special Judge, Excise Act, Madhubani/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) Rajeev/- U T