Sujan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42981 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- PRANPUR District- Katihar ====================================================== Sujan Kumar S/O Angad Singh R/O Village- Raushna Bazar, Ps. Pranpur (ROSHNA), Dist. Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Pranpur (Roshna) P.S. Case No.103 of 2023 registered for the offence under Section 413 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 23.05.2023.

4. The allegation against the petitioner is to be

Patna High Court CR. MISC. No.42981 of 2023(2) dt.26-07-2023 2/3 engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2.250 litres of IMFL.

5. Learned counsel appearing on behalf of the petitioner submitted that the alleged motorcycle from where illicit liquor was recovered is not connected in any manner with this petitioner and as such it can be safely said that recovery was not 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 has been completed, for which, chargesheet has already submitted, as such, there is no chance of tampering with the evidence.

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

7. In view of the facts and circumstances as mentioned above as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 23.05.2023, accordingly, petitioner, above named, is directed to be released on bail in connection with Pranpur (Roshna) P.S. Case No.103 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.42981 of 2023(2) dt.26-07-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Exclusive Excise No.2, Katihar/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T