Suraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44719 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Suraj Yadav, Son Of Suvansh Yadav Resident Of Manoharpur, P.S. Harlakhi, District - Madhubani.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-08-2023 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 Harlakhi P.S. Case No. 60 of 2023 registered for the offence under Sections 272 and 273/34 of the Indian Penal Code and 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 13.05.2023.

5. The allegation against the petitioner is to be

Patna High Court CR. MISC. No.44719 of 2023(2) dt.03-08-2023 2/3 engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 414 litres of IMFL/country made liquor from the place of occurrence.

6. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made under the bundle of straw, which was at open place and easily accessible by general public and it can be said safely that recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, and moreover, investigation of this case is 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 as alleged recovery of illicit liquor appears to be made from an open place, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 13.05.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Harlakhi P.S. Case No. 60 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44719 of 2023(2) dt.03-08-2023 3/3 satisfaction of learned Additional Sessions Judge II cum Special Judge Excise Act, Madhubani/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T