Arun Kumar @ Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44463 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- NADI P.S. District- Patna ====================================================== Arun Kumar @ Arun Rai S/O Munarik Roy R/O Mohalla- Garhochak, Fatuaha, Ps. Fatuha, Dist. Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-07-2023 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 Nadi P.S. Case No. 30 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 30.04.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 208.5 litres of IMFL/country made liquor from the vehicle.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on spot and his name appears in this case on the basis of disclosure made by co-

Patna High Court CR. MISC. No.44463 of 2023(2) dt.31-07-2023 2/2 accused Gautam Paswan, who apprehended with illicit liquor. It is submitted that the fact of this case suggests that recovery of illicit liquor not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that 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, and by taking note of the fact as recovery of alleged illicit liquor not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 30.04.2023, accordingly, above named petitioner is directed to be released on bail in connection with Nadi P.S. Case No. 30 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 Exclusive Special Judge, Excise Patna City/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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