Dharam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51494 of 2022 Arising Out of PS. Case No.-412 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Dharam Singh Son of Ajit Singh R/O Village- Mugalchak (Panun), P.S.- Taran, District- Taran (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagan Dev Yadav, Advocate Mr. Vinod Kumar Yadav, Advocate Mr. Udeshya Kumar Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh, 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 Barauni P.S. Case No. 412 of 2021 registered for the offence under Section 120(B) of I.P.C. 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 23.02.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.51494 of 2022(2) dt.11-10-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there was recovery of 301.470 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that on the basis of confessional statement of petitioner recovery of illicit liquor was made from the house of co-accused namely, Viresh Kumar, who is already enlarged on bail through criminal miscellaneous no. 71281 of 2021 dated 24.06.2022. It is further pointed out that nothing surfaced during the course of investigation which may suggest that petitioner was under knowledge to carry the consignment of illicit liquor. 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 was not made from conscious physical possession of this petitioner 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 Barauni P.S. Case No. 412 of 2021 on furnishing bail bond of

Patna High Court CR. MISC. No.51494 of 2022(2) dt.11-10-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Excise Judge 1st Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T