Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44137 of 2022 Arising Out of PS. Case No.-222 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== Bittu Kumar Son of Binod Sao R/O Village- Arwal Sipah, P.S. And DistrictArwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-09-2022 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 Arwal P.S. Case No. 222 of 2022 registered for the offence under Sections 30(a)/41 of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 04.07.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 83.19 litres of IMFL/country made liquor from the alleged vehicle. Learned counsel appearing on behalf of the petitioner submitted that petitioner is neither owner nor driver of the alleged

Patna High Court CR. MISC. No.44137 of 2022(2) dt.06-09-2022 2/2 vehicle from where illicit liquor was recovered. It is further submitted that nothing surfaced during investigation to connect petitioner with alleged vehicle. It is further submitted that the name of the petitioner surfaced on the basis of local chaukidar and admittedly, no illicit liquor was recovered from the physical possession of the petitioner. 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 alleged 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 Arwal P.S. Case No. 222 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 In-charge Exclusive Special Judge, Excise Court No.-2, Jehanabad/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T