Amit Kumar Choudhary @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40694 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- BELA INDUSTRIAL District- Muzaffarpur ====================================================== Amit Kumar Choudhary @ Amit Kumar S/O Rameshwar Choudhary Resident of Sukki harlochanpur, P.S.- Patepur, District- Vaishali, at present Resident of Nandpuri, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2022 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 Bela P.S. Case No. 07 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 01.07.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1676.16 litres of IMFL/country made liquor.
Patna High Court CR. MISC. No.40694 of 2022(3) dt.12-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was made from godown, which belongs to the petitioner and as such it cannot be said that recovery was made from conscious physical possession of the petitioner. It is submitted that compliance of Section 100 of the Cr.P.C. was not made, while searching godown. It is further submitted that similarly situated co-accused person, namely, Kuldeep Singh, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 23655 of 2022 vide order dated 13.05.2022. While concluding the argument, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bela P.S. Case No. 07 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.40694 of 2022(3) dt.12-09-2022 3/3 amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T