Dilip Kumar @ Dilip Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51738 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Dilip Kumar @ Dilip Kumar Choudhary S/o Prasidh Chaudhary Resident of Village- Kajharghat, P.S.- Kudra, District- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-10-2022 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 Kudra P.S. Case No. 89 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 15.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 329.750 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was not made from physical possession of this petitioner. It is further submitted that

Patna High Court CR. MISC. No.51738 of 2022(2) dt.12-10-2022 2/2 seizure list appears disputed as same is not supported by independent witnesses, rather by Bihar home guard personnels. It is also submitted that petitioner is a man of clean antecedent and moreover, 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 liquors not appears from conscious physical possession of this petitioner 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 Kudra P.S. Case No. 89 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 Court of Special Judge Excise No. 1 cum A.D.J.IV, Kaimur at Bhabua/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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