Pradip Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46610 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== Pradip Chaudhari Son Of Late Jay Mangal Chaudhari R/O Village- Koilawan, P.S.- Haspura, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-09-2022 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 Haspura P.S. Case No. 144 of 2022 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 28.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 39.8 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.46610 of 2022(2) dt.14-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from 'Tarbana' area outside of the village, which is an open place, accessible by general public, as such, it cannot be said that recovery was made from the conscious physical possession of the petitioner. It is further submitted that seizure list is disputed, for the reason, same is not supported by independent witnesses rather by home-guard personnel. While concluding the argument, it has been submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tempering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as seizure list is disputed, where recovery of illicit liquor was made from open place coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Haspura P.S. Case No. 144 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 Additional District and Session Judge-cum-Special Judge, Excise-2, Aurangabad/concerned court, subject to the conditions as

Patna High Court CR. MISC. No.46610 of 2022(2) dt.14-09-2022 3/3 mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T