Yuduvir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41695 of 2022 Arising Out of PS. Case No.-393 Year-2022 Thana- MAHUA District- Vaishali ====================================================== 1.

YUDUVIR SINGH Son of Nawab Singh Resident of village - Sikohabad, P.S.- Sikohabad, Dist.- Firojabad.

2.

Anil Kumar Son of Asha Ram Resident of village - Sikohabad, P.S.- Sikohabad, Dist.- Firojabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Pratima Kumari, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 Heard learned counsel appearing on behalf of the petitioners 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 petitioners seek bail in connection with Mahua P.S. Case No. 393 of 2022 registered for the offence under Sections 414 and 34 of the Indian Penal Code and 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioners are named in the F.I.R. and in custody since 16.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1347.84 litres of IMFL/country made liquor from the alleged

Patna High Court CR. MISC. No.41695 of 2022(2) dt.27-08-2022 2/2 vehicle.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of local chaukidar and admittedly, recovery of illicit liquor was not made 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, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who 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 Mahua P.S. Case No. 393 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 Special Excise Court-No.-II-cum-Additional Sessions Judge, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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