Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40221 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== Rahul Kumar S/o Yogendra Chaudhary @ Kalendra Chaudhary R/o-Sahganj Professor Colony, Musallahpur Haat, P.S.-Sultanganj, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Sultanganj P.S. Case No. 100 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

4. The accused/petitioner is named in the F.I.R. and is in custody since 14.03.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 106.8 litres of IMFL/country made liquor from the alleged vehicle.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner not apprehended on spot and as such it can be safely said that alleged recovery of illicit liquor not made from physical possession of this petitioner. It is submitted that the name of

Patna High Court CR. MISC. No.40221 of 2023(2) dt.18-07-2023 2/2 petitioner surfaced on the basis of disclosure made by apprehended co-accused, namely, Raju Kumar Mandal, where nothing surfaced during the course of investigation as to connect him with present recovery of illicit liquor. While concluding the argument, it has been submitted that petitioner found involved in one more criminal case, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor 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 14.03.2023, accordingly, above named petitioner is directed to be released on bail in connection with Sultanganj P.S. Case No. 100 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City, Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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