Ram Pravesh Yadav @ Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45076 of 2022 Arising Out of PS. Case No.-89 Year-2020 Thana- AMBA District- Aurangabad ====================================================== Ram Pravesh Yadav @ Pravesh Yadav S/O Late Bhola Yadav Resident of village- Kanchanpur, P.S.- Chattarpur, District- Palamu (Jharkhand), ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-09-2022 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 Amba P.S. Case No. 89 of 2020 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 12.07.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 1321.5 litres of illicit liquor.

Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated in present case only being

Patna High Court CR. MISC. No.45076 of 2022(3) dt.27-09-2022 2/2 registered owner of alleged truck, from where, recovery of illicit liquor was made, admittedly, this is not a case of recovery from conscious physical possession of this petitioner, who is a man of clean antecedent and moreover, it has been submitted that investigation of this case is complete, where 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 alleged illicit liquor not appears from conscious physical possession of this petitioner, who is a man of clean antecedent 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 Amba P.S. Case No. 89 of 2020 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 1st, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T