Mantu Kumar @ Mantu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45960 of 2022 Arising Out of PS. Case No.-100 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== Mantu Kumar @ Mantu Singh Son of Bilar Singh R/V- Narayanpur, P.SJagdishpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-09-2022 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 Jagdishpur P.S. Case No. 100 of 2020 registered for the offence under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 04.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is

Patna High Court CR. MISC. No.45960 of 2022(2) dt.13-09-2022 2/3 recovery of 85 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from bank of river, which is an open place, accessible by general public, as such, it cannot be said that recovery of illicit liquor was made from the conscious physical possession of the petitioner. It is further submitted that name of the petitioner surfaced on the basis of secret input received by the police, where nothing surfaced during course of investigation to connect petitioner with present recovery of illicit liquor. While concluding the argument, it has been submitted that investigation of this case is complete, where charge sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioner coupled with the fact that charge sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Jagdishpur P.S. Case No. 100 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.45960 of 2022(2) dt.13-09-2022 3/3 two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge, Bhojpur at Ara/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T