Jitendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42707 of 2022 Arising Out of PS. Case No.-187 Year-2021 Thana- ISUAPUR District- Saran ====================================================== JITENDRA PRASAD Son of Shambhu Prasad Resident of Village - Sadhwara, Police Station - Isuapur, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar,, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 Heard learned counsel appearing on behalf of the petitioner 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 petitioner seeks bail in connection with Isuapur P.S. Case No. 187 of 2021 registered for the offence under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 06.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1200 litres of IMFL/country made liquor from an open place.

Patna High Court CR. MISC. No.42707 of 2022(2) dt.27-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the recovery of illicit liquor was made from a pond, accessible by general public and, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. It is further submitted that the name of petitioner surfaced on the basis of disclosure made by the co-accused persons. While concluding the argument, it has been submitted petitioner is a man of clean antecedent and moreover, that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that recovery of illicit liquor was made from an open place.

Considering the facts and circumstances as mentioned above, as the recovery of illicit liquor was not 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 Isuapur P.S. Case No. 187 of 2021 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.42707 of 2022(2) dt.27-08-2022 3/3 satisfaction of learned Special Judge Excise, Saran, Chapra/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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