Kush Kumar @ Dangal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43203 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== KUSH KUMAR @ DANGAL Son of Sri Ramu Prasad @ Raju Prasad Resident of Village - Machharatha Gali, P.s.- Khajekalan, Patna City, Distt.- Patna.800008 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary, 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 Chowk P.S. Case No. 57 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 05.02.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 120 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the open "Thela" and as such it cannot be said that recovery of illicit

Patna High Court CR. MISC. No.43203 of 2022(2) dt.27-08-2022 2/2 liquor was made from conscious physical possession of the petitioner, who is a man of clean antecedent. It is submitted that seizure list is also disputed, as same is not supported by independent witnesses. 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 made from conscious physical possession of the petitioner in the background of disputed seizure list, 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 Chowk P.S. Case No. 57 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 Judge (Excise), Patna City, DisttPatna/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