Prawin Singh @ Dhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48853 of 2022 Arising Out of PS. Case No.-304 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== Prawin Singh @ Dhan Singh Son of Ajeet Singh R/V- Pachbeniya, P.SAsawe, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-09-2022 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 Kateya P.S. Case No. 304 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 09.07.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 236.160 litres of illicit IMFL/country made liquor from the Maruti Suzuki Car.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is a driver of the car, where recovery of

Patna High Court CR. MISC. No.48853 of 2022(2) dt.26-09-2022 2/2 alleged illicit liquor was made from dickey. It is further submitted that nothing incriminating surfaced during the course of investigation which may suggest that petitioner was under knowledge to carry consignment of illicit liquor, and as such it cannot be said that recovery was made from conscious physical possession of this petitioner, who 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 tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor not appears from conscious physical possession of this petitioner 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 Kateya P.S. Case No. 304 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 Sessions Judge II-cum-Special Excise Court-I, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T