Shree Kant Roy @Shreekant Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44523 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- NIRMALI District- Supaul ====================================================== Shree Kant Roy @Shreekant Kumar Ray Son of Ram Babu Roy Resident of Village - laxminiya, P.s.- Kishanpur, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-09-2022 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 Nirmali P.S. Case No. 1 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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

Patna High Court CR. MISC. No.44523 of 2022(2) dt.07-09-2022 2/3 custody since 04.06.2022.

The allegation against the petitioner is to involve in illegal trading of illicit liquor, where 3524.58 liters of illicit liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Santosh Kumar, where nothing surfaced during the course of investigation, which may connect the petitioner, prima facie, with the present recovery. It is further submitted that, admittedly, this is not a case of recovery of illiclit liquor from the conscious physical possession of the petitioner. While concluding the argument, it is categorically 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 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

Patna High Court CR. MISC. No.44523 of 2022(2) dt.07-09-2022 3/3 connection with Nirmali P.S. Case No. 1 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, Court No.2, Supaul/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