Raj Kumar @ Raju Dehati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49621 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== RAJ KUMAR @ RAJU DEHATI S/O RAM KRIT SINGH R/O VILLAGEBARA, PS. NAUBATPUR, DIST. PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-08-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Naubatpur P.S. Case No.89 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and Sections 25(i-b)a, 26 and 35 of the Arms Act. 3.

The accused/petitioner is named in the F.I.R. and is in custody since 09.02.2023 4.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 4 litres of illicit liquor along with 3 live cartridges. 5.

Learned counsel appearing on behalf of the petitioner submitted that as in terms of seizure list, recovery not appears to be made from conscious physical possession of this petitioner, where, seizure list witnesses are also not an

Patna High Court CR. MISC. No.49621 of 2023(2) dt.11-08-2023 2/2 independent witnesses, rather police personnels. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. 6.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

7.

Considering the facts and circumstances as mentioned above and by taking note of the fact as seizure list appears doubtful being not supported by independent witnesses coupled with the fact that charge-sheet has already submitted, where, petitioner is a man of clean antecedent and in custody since 09.02.2023, let the petitioner, above named, is directed to be released on bail in connection with Naubatpur P.S. Case No.89 of 2023, 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 Excise Judge, Danapur, Patna/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T