Rohit Kumar @ Mahto Kumar @ Lulha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44649 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== Rohit Kumar @ Mahto Kumar @ Lulha Son of Jagdish Singh R/O VillageNajirpur, P.S.- Ujiyarpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

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

The petitioner seeks bail in connection with Ujiyarpur P.S. Case No. 188 of 2021, Excise G.R. No. 596 of 2021 registered for the offence under Sections 30(a), 41(i) (ii) of the Bihar Prohibition and Excise Act, 2016.

The accused/petitioner is named in the F.I.R. and is in custody since 10.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 285.12 litres of IMFL/country made liquor from the Bolero vehicle.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.44649 of 2022(2) dt.08-09-2022 2/2 submitted that the petitioner was not apprehended on spot and his name surfaced on the basis of input provided by unknown villagers. Admittedly, this is not the case of recovery from physical possession of the petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, chargesheet 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 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 Ujiyarpur P.S. Case No. 188 of 2021, Excise G.R. No. 596 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 Court no. I, Samastipur/concerned Court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) Pooja/- Archana/- U T