Rishu Kumar Singh @ Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40941 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- SONO District- Jamui ====================================================== Rishu Kumar Singh @ Rishu Kumar Son of Pankaj Singh @ Pankaj Kumar Singh, R/O- Village- Sono (Market), P.S.- Sono (Market), Distt.- Jamui ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vikramadit, Advocate For the Opposite Party/s :

Mrs.Gulnar Begum, 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 Sono P.S. Case No. 143 of 2024 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. The petitioner is named in the F.I.R and in custody since 26.04.2024.

4. The allegation against the petitioner is to have in possession of 333 litres of India made foreign liquor and also alleged to be involved in illegal trade connected with illicit liquor.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.40941 of 2024(2) dt.11-06-2024 2/3 petitioner submitted that petitioner falsely implicated in the present case out of disclosure made by apprehended coaccused Rajesh Sharma. It is submitted that alleged illicit liquor was recovered from the house of said co-accused Rajesh Sharma. It is pointed out that seizure list appears disputed being not supported by independent witnesses rather police personnel. While concluding argument, learned counsel submitted that petitioner is a man of clean antecedent 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 facts and circumstances as save and except suspicion out of disclosure of apprehended co-accused Rajesh Sharma, nothing incriminating/illicit liquor appears to be recovered from conscious physical possession of the petitioner, who is a man of clean antecedent and is in custody since, 26.04.2024, accordingly, petitioner, above named, is directed to be

Patna High Court CR. MISC. No.40941 of 2024(2) dt.11-06-2024 3/3 released on bail in connection with Sono P.S. Case No. 143 of 2024 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 Judge Excise - II, Jamui/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) Rajeev/- U T