Satish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39455 of 2022 Arising Out of PS. Case No.-76 Year-2020 Thana- BALIYA District- Begusarai ====================================================== Satish Yadav Son of Ram Swarup Yadav Resident of Danauli, Phulwaria, P.S.- Balia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== 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 Balia P.S. Case No. 76 of 2020 registered for the offence under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a), 32, 37(b) and 37(c) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 05.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 57.600 litres of IMFL/country made liquor from the

Patna High Court CR. MISC. No.39455 of 2022(2) dt.20-08-2022 2/3 house of the petitioner.

Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from the house of the petitioner which is jointly occupied by other family members. It is submitted that entire recovery is doubtful and seizure list is not supported by independent witnesses, which appears to be in violation of Section 100 (4) of the Cr.P.C. It is also submitted that the seizure list does not bear the signature of the petitioner which is sufficient to gather that the recovery was not made from the physical possession of the petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet 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 the alleged recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Balia P.S.

Patna High Court CR. MISC. No.39455 of 2022(2) dt.20-08-2022 3/3 Case No. 76 of 2020 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 Excise Judge-II, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T