Dhiraj Kumar @ Lala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41562 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- MITHANPURA District- Muzaffarpur ====================================================== DHIRAJ KUMAR @ LALA S/o Vinay Prasad Shrivastava Resident of Mohalla- Baijnath Nagar, in front of Kaveri gas Godam, P.S.- Mithanpura, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 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 Mithanpura P.S. Case No. 16 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 06.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1168.470 litres of IMFL/country made liquor from an open place. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the 'litchi'

Patna High Court CR. MISC. No.41562 of 2022(2) dt.27-08-2022 2/2 orchard of one Aahuti Rani Das, which is an open place and accessible by general public and, as such, it cannot be said that illicit liquor was recovered from conscious physical possession of the petitioner, who is a man of clean antecedent. It has been submitted that investigation is complete, where charge-sheet has been submitted.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was made from an open place, where petitioner is a man of clean antecedent 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 Mithanpura P.S. Case No. 16 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 Exclusive Special, Excise Court-No.-I, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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