Jit Narayan Singh @ Jeet Narayan Singh @ Jitanarayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49340 of 2022 Arising Out of PS. Case No.-679 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Jit Narayan Singh @ Jeet Narayan Singh @ Jitanarayan Singh S/O Mahindra Singh Resident of village- Rohana, P.S.- Vaishali, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Sharma, App ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-09-2022 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 Saraiya P.S. Case No. 679 of 2021 registered for the offence under Sections 272, 273, 420/34 of Indian Penal Code and Sections 30(a), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 28.07.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.49340 of 2022(2) dt.28-09-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there was recovery of 3458.88 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not connected with alleged truck from, where, illicit liquor was recovered, in any manner. It is further submitted that admittedly, no recovery of illicit liquor was made from conscious physical possession of this petitioner, who is a man of clean antecedent and moreover, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor was not made from conscious physical possession of this 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 Saraiya P.S. Case No. 679 of 2021 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 Judge, Court

Patna High Court CR. MISC. No.49340 of 2022(2) dt.28-09-2022 3/3 No. II, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T