Satendra Bind @ Satendra Bin @ Satendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56609 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== Satendra Bind @ Satendra Bin @ Satendra Prasad Son of Late Mahendra Bind @ Mahendra Prasad Resident of Village - Baghoutpur, Bind Toli, P.S.- Ara Nagar, District - Bhojpur at Ara (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Pandey, Advocate For the State :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Excise Case No. 99 of 2022 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act 2016. The accused/petitioner in custody since 14.03.2022. The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where 300 liters of country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was not made from the conscious physical possession of the petitioner, as it

Patna High Court CR. MISC. No.56609 of 2022(2) dt.15-11-2022 2/2 can be safely gathered from the fact that seizure list does not bears the signature of the petitioner. While concluding the argument, it is submitted that investigation in this case is complete, 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 not appears to be made from the conscious physical possession of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Excise Case No. 99 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 11th Additional Sessions Judge-cum-Exclusive Special Judge, Excise, Excise Court No. II, Bhojpur at Ara /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