Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43247 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- AAYAR District- Bhojpur ====================================================== 1.

SANJAY SINGH S/O GOPAL SINGH Resident of village- Barghara, P.S.- Ayar, District- Bhojpur.

2.

DHANANJAY SINGH S/O GOPAL SINGH Resident of village- Barghara, P.S.- Ayar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Harendra Prasad, 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 Ayar P.S. Case No. 56 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioners are named in the F.I.R. and are in custody since 23.05.2022.

The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 70 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioners submitted that recovery of illicit liquor was made from "Khalihan" i.e. outer open part of the residential premises,

Patna High Court CR. MISC. No.43247 of 2022(2) dt.27-08-2022 2/2 which is accessible by other family members and also by general public and, as such it cannot be said that recovery was made from conscious physical possession of the petitioners, who are men of clean antecedent. It has been submitted that investigation is complete, where charge-sheet has been submitted.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor was not made from the conscious physical possession of the petitioners, who are men of clean antecedent coupled with the fact that charge-sheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Ayar P.S. Case No. 56 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1st, Bhojpur, Ara/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T