Kamakhya Baitha @ Kamachheya Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43651 of 2022 Arising Out of PS. Case No.-247 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== Kamakhya Baitha @ Kamachheya Baitha Son of Late Mangaru Baitha Resident of Village - Sonehathu, P.S.- Haspura, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-09-2022 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 Haspura P.S. Case No. 247 of 2021 registered for the offence under Section 30(c) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 04.03.2022.

The allegation against the petitioner is to involve in the illegal business of illicit liquor, where 200 liters of Jawa Mahua, alongwith utensils, were recovered.

Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor, alongwith the utensils were made from open area, as such, it cannot be said that recov-

Patna High Court CR. MISC. No.43651 of 2022(2) dt.06-09-2022 2/2 ery was made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

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

In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor and utensils cannot be said to be made from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Haspura P.S. Case No. 247 of 2021 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 Judge, Excise, Aurangabad/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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