Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56598 of 2022 Arising Out of PS. Case No.-271 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Dharmendra Singh Son of Haridar Singh R/v- Behind Dhankadha Budhwa Mahadev , P.S- Sasaram Dhaurar, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate For the State :

Mr. Manoj Kumar, 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 Sasaram, Dhaurar P.S. Case No. 271 of 2022 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 16.06.2022.

The allegation against the petitioner is to be involved in the illegal trading of illicit liquor, where 114.750 liters of illicit liquor was recovered in front of his house. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from open place i.e., in front of the house of the petitioner and, as such, it

Patna High Court CR. MISC. No.56598 of 2022(2) dt.15-11-2022 2/2 can be safely gathered that recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent. 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 not appears to be made 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 Sasaram, Dhaurar P.S. Case No. 271 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 Additional District Judge-XIII, Rohtas, 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