Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50644 of 2022 Arising Out of PS. Case No.-323 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Manish Kumar S/o Sri Narayasn Yadav @ Narayan Yadav Resident of Village- Werwa, Ward No.07, Police Station and District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-10-2022 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 Madhepura Excise P.S. Case No. 323 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 22.07.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of cough syrup, where, there was recovery of 102.6 litres of cough syrup.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.50644 of 2022(2) dt.10-10-2022 2/2 submitted that recovery of alleged cough syrup was made from the bush developed behind the house of this petitioner, which is accessible by general public and as such it cannot be said that the recovery was made from the conscious physical possession of this petitioner. While concluding the argument, it is categorically 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 alleged cough syrup is not made from conscious physical possession coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Madhepura Excise P.S. Case No. 323 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 Special Judge-2, Excise, Madhepura/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T