Laxman Kumar @ Laxman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45440 of 2022 Arising Out of PS. Case No.-216 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Laxman Kumar @ Laxman Son of Late Kamlesh Chaudhary @ Kaumi Chaudhary Resident of Village - Lipganj Chatti, P.s.- Sherghati, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Sherghati P.S. Case No. 216 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment)

Patna High Court CR. MISC. No.45440 of 2022(2) dt.09-09-2022 2/3 Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 12.03.2022.

The allegation against the petitioner is to have in possession of 46.875 liters of foreign liquor. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from an e-rickshaw, which is a public carrier and is accessible by general public, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, 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.

Considering 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, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sherghati

Patna High Court CR. MISC. No.45440 of 2022(2) dt.09-09-2022 3/3 P.S. Case No. 216 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 Exclusive Special Excise Court-2, Gaya/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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