Baiju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47275 of 2022 Arising Out of PS. Case No.-483 Year-2021 Thana- MALSALAMI District- Patna ====================================================== BAIJU YADAV S/o Late Kapil Deo Ray Resident of Damrahi Ghat, P.s.- Malsalami, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Mohan, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-09-2022 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 Malsalami P.S. Case No. 483 of 2021 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 06.10.2021.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.47275 of 2022(2) dt.15-09-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there was recovery of 200 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made in two parts, where, firstly, 180 litres of illicit liquor was recovered from public carrier and, secondly, 20 litres was recovered from motorcycle of co-accused persona, as such, it can be safely gathered that recovery of illicit liquor was not made from conscious physical possession of the petitioner, who is a man of clean antecedent. 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 recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent 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 Malsalami P.S. Case No. 483 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.47275 of 2022(2) dt.15-09-2022 3/3 satisfaction of learned Special Judge, Excise Act, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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