Ranvijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48286 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- BIRUPUR District- Lakhisarai ====================================================== RANVIJAY MAHTO R/O-CHAKDAH, P.S.-GHOSBARI, DISTT.-PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Ramakant Akela, Advocate For the Opposite Party/s :

Mr. Navin Kr. Pandy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State

2. The petitioner seeks bail in connection with Birupur P.S. Case No. 34 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 09.06.2023.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 10 litres of IMFL/country made liquor.

5. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.48286 of 2023(2) dt.09-08-2023 2/3 submitted that petitioner was apprehended on the spot itself, after being chased for a short distance out of suspicion that he was carrying illicit liquor through seized motorcycle and as such it can be safely said that recovery of illicit liquor not appears to be made from the conscious physical possession of the petitioner. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of 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 in custody since 09.06.2023, accordingly, above named petitioner is directed to be released on bail in connection with Birupur P.S. Case No. 34 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-Ivth-cum-Special Excise

Patna High Court CR. MISC. No.48286 of 2023(2) dt.09-08-2023 3/3 Judge-1st, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T