Ranjeet Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42607 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- GHOSWARI District- Patna ====================================================== Ranjeet Ram Son of Latge Brahmadeo Ram Resident of Village - Trimuhani @ Daudpur Trimohani, P.s.- Ghoshwari, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Ghoswari P.S. Case No. 3 of 2022 registered for the offence under Section 40(a) of the Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 05.06.2022.

The allegation against the petitioner is to involve in the illegal trading of illicit liquor, where 6 liters of illicit liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from road, apparently, which is accessible by general public, as such,

Patna High Court CR. MISC. No.42607 of 2022(2) dt.05-09-2022 2/2 it cannot be said to be recovered from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor cannot be said to be made from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ghoswari P.S. Case No. 3 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 Judge, Excise Act, Barh/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T