Ishu Kumar @ Raja Kumar @ Raja @ Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41666 of 2023 Arising Out of PS. Case No.-371 Year-2021 Thana- DIGHA District- Patna ====================================================== Ishu Kumar @ Raja Kumar @ Raja @ Ankit Kumar S/O Ramesh Paswan R/O Village- Kurji Balupar As Tenant In The House Of Ajay Yadav, Ps. And Po. Digha, Dist. Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-07-2023 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 Digha P.S. Case No. 371 of 2021 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 27.03.2023.
5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 96.3 litres of IMFL/country made liquor
Patna High Court CR. MISC. No.41666 of 2023(2) dt.21-07-2023 2/3 from TATA Indigo four-wheeler vehicle bearing registration no. BR01AQ9173.
6. Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on spot and was remanded in this case from Digha P.S. Case No. 162 of 2023 and, as such, it can be safely said that recovery of illicit liquor was not appears to be made from physical possession of this petitioner. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases of similar nature, where he is on bail and moreover, investigation of this case has been completed, for which, chargesheet 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 physical possession of this petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 27.03.2023, accordingly, above named petitioner is directed to be released on bail in connection with Digha P.S. Case No. 371 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two
Patna High Court CR. MISC. No.41666 of 2023(2) dt.21-07-2023 3/3 sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna Sadar/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T