Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52478 of 2022 Arising Out of PS. Case No.-181 Year-2022 Thana- CHAKAND District- Gaya ====================================================== Gulshan Kumar S/o Manoj Kumar @ Manoj Kumar Sharma R/o Nandanpura, P.S.- Makhdumpur (Tehta), District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

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

The petitioner seeks bail in connection with Chaakand P.S. Case No. 181 of 2022 registered for the offence under Sections 467, 468, 471, 120(B) of IPC and 30(a), 36, 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 27.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there

Patna High Court CR. MISC. No.52478 of 2022(2) dt.14-10-2022 2/3 was recovery of 1863 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not connected in any manner with alleged vehicle from where recovery of illicit liquor was made. It is further submitted that the campus where alleged vehicle was parked is also not connected with petitioner and as such it can be safely gathered that recovery of illicit liquor was not made from conscious physical possession of this petitioner. It is also submitted that seizure list appears disputed being not supported by independent witnesses. While concluding the argument, it has been submitted that investigation of this case has been completed, 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 illicit liquor not appears from conscious physical possession in the background of disputed seizure list 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 Chaakand P.S. Case No. 181 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

Patna High Court CR. MISC. No.52478 of 2022(2) dt.14-10-2022 3/3 learned Exclusive Special Excise Court No. 1, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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