Suraj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40321 of 2022 Arising Out of PS. Case No.-306 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== SURAJ KUMAR GUPTA SON OF MANJAY SAH R/O VILLAGE- TARWA MANGARPAL, P.S.- DARIYAPUR, DISTRICT- SARAN (CHAPRA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-08-2022 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.

Learned counsel for the petitioner is directed to correct necessary correction in prayer portion of this bail petition, during course of day.

The petitioner seeks bail in connection with Dariyapur P.S. Case No. 306 of 2022 registered for the offence under Section 30(a) and 30(b) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 05.06.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 150 litres of illicit country made liquor.

Patna High Court CR. MISC. No.40321 of 2022(2) dt.22-08-2022 2/2 Learned counsel appearing on behalf of the petitioner submitted that seizure list is not bearing the signature of the petitioner, which is evident of the fact that the recovery of illicit liquor was not made from conscious physical possession of the petitioner, otherwise, who is a man of clean antecedent. Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery of illicit liquor was not made from physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor, cannot be said from the conscious physical possession of the petitioner, who is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Dariyapur P.S. Case No. 306 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-III-cum-Learned Exclusive Special Judge, Ist Excise Act, Saran, Chapra /concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T