Bishun Chaudhary @ Vishun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44672 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- BARH District- Patna ====================================================== Bishun Chaudhary @ Vishun Chaudhary Son of Chandi Chaudhary Resident of village - Puraibagh Agwanpur, P.S.- Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barh P.S. Case No. 24 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 07.07.2021.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 30 litres of IMFL/country made liquor from the alleged bamboo clump.

Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was made from the

Patna High Court CR. MISC. No.44672 of 2022(2) dt.08-09-2022 2/2 bamboo clump, which is not connected with this petitioner. It is submitted that the place of recovery is accessible by general public and, as such, it cannot be safely gathered that recovery was made from conscious physical possession of the petitioner. It is also submitted that petitioner was not apprehended on spot and his name surfaced on the basis of input provided by unknown villagers. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering 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 been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barh P.S. Case No. 24 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, Barh/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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