Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43659 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== AMIT KUMAR S/O PAPPU CHAURASIYA Resident of village- Mohalla Mazar Gali, Sheikhpura, Rajabazar, P.S.- Shashtrinagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, 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 Danapur Rail P.S. Case No. 67 of 2022 registered for the offence under Section 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 05.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 13.425 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the bag

Patna High Court CR. MISC. No.43659 of 2022(2) dt.27-08-2022 2/2 which is not connected in any manner with petitioner, where nothing recovered from conscious physical possession of the petitioner, who is a man of clean antecedent. It is submitted that seizure list is disputed, for the reason as same is not supported by independent witnesses rather by police personnel. 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 seizure list is disputed, where petitioner 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 Danapur Rail P.S. Case No. 67 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 Excise Judge, Danapur (Patna)/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