Sushil Kumar @ Vipul Yadav @ Bipul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54601 of 2022 Arising Out of PS. Case No.-439 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== Sushil Kumar @ Vipul Yadav @ Bipul Yadav Son of Birendra Singh @ Veerendra singh R/V- Paryag Bigha, P.S- Dalmianagar Dehri, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dehri Dalmiyanagar P.S. Case No. 439 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 23.06.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where 165 liters of country made was recovered.

Patna High Court CR. MISC. No.54601 of 2022(2) dt.21-10-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from the jointly occupied car, as such, it cannot be said that recovery was made from the conscious physical possession of the petitioner. It is submitted that seizure list witnesses are police personnel, which creates a doubt over the entire seizure/recovery. It is further pointed out that petitioner is involved in four criminal cases, in which one case is of excise and rest three cases are registered under Indian Penal Code, where petitioner is on bail in all cases. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor is not appearing from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dehri Dalmiyanagar P.S. Case No. 439 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.54601 of 2022(2) dt.21-10-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Rohtas at Sasaram/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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