Vinod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51479 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- KOPA District- Saran ====================================================== Vinod Kumar Singh Son of Harkishor Singh Resident Of Village- Dhanadih, P.S.- Duraudha, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-10-2022 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 Kopa P.S. Case No. 110 of 2022 registered for the offence under Sections 30 and 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 12.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 200 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of country made liquor was made from jointly occupied car and as such it cannot be said

Patna High Court CR. MISC. No.51479 of 2022(2) dt.11-10-2022 2/2 that recovery of illicit liquor was made from conscious physical possession of this petitioner. It is also pointed out that seizure list is disputed as same is not supported by independent witnesses, rather by police personnels. 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 seizure list appears disputed being not supported by independent witnesses 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 Kopa P.S. Case No. 110 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 District and Sessions Judge2nd Cum-1st Exclusive Special Judge Excise, Saran (Chapra)/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T