Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51909 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

Brajesh Kumar Son of Kanti Bhagat R/O Village- Dhoshaun, P.S.- Siwai Patti, District- Muzzafarpur 2.

Ranjan Mahato Son of Late Daroga Mahato R/O Village- Tariyani Chhapra, P.S.- Chhapra, District- Shivahar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baijnath Sah, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-10-2022 Heard learned counsel appearing on behalf of the petitioners 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 petitioners seek bail in connection with Mohammadpur P.S. Case No. 157 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioners are named in the F.I.R. and are in custody since 11.07.2022.

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

Patna High Court CR. MISC. No.51909 of 2022(2) dt.13-10-2022 2/3 was recovery of 423.9 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioners submitted that the petitioner no. 1 is the driver whereas, petitioner no. 2 is the passenger of the Bolero, who took a lift for a local destination. It is further submitted that nothing incriminating material surfaced during the course of investigation which may suggest that petitioners were under knowledge to carry consignment of illicit liquor and as such it can be safely gathered that alleged recovery of illicit liquor was not made from conscious physical possession of these petitioners, who are men of clean antecedent and moreover, investigation of this case has been completed, where chargesheet 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 of these petitioners coupled with the fact that charge-sheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Mohammadpur P.S. Case No. 157 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.51909 of 2022(2) dt.13-10-2022 3/3 sureties of the like amount each to the satisfaction of learned ADJ-II cum Special Excise Judge Court No. 1, Gopalganj/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T