Jugnu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49826 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Jugnu Miyan Son Of Rustam Ali @ Rustom Miyan Resident Of VillageKhawashpur, Ps -DORIGANJ, District -SARAN ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Doriganj P.S. Case No. 181 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. The accused/petitioner is named in the F.I.R. and is in custody since 01.06.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 120 litres of IMFL/country made liquor from the alleged vehicle.

Patna High Court CR. MISC. No.49826 of 2023(2) dt.11-08-2023 2/3

6. Learned counsel appearing on behalf of the petitioner submitted that alleged illicit liquor appears to be recovered from the front of the house of this petitioner, which is an open place and accessible by general public and it can be said safely that recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner. It is also submitted that seizure list also appearing doubtful being not supported by independent witnesses, rather by police personnels. While concluding the argument, it is submitted that petitioner is a man of clan antecedent, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above as alleged recovery of illicit liquor appears to be made from an open place, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 01.06.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Doriganj P.S. Case No. 181 of 2023 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.49826 of 2023(2) dt.11-08-2023 3/3 satisfaction of learned Additional Sessions Judge-II-cum-1st Exclusive Special Excise Judge, Saran at Chapra/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T