Ram Pravesh Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61057 of 2022 Arising Out of PS. Case No.-291 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Ram Pravesh Nishad S/O Jogi Nishad Resident of village- Malhipur, Bind Toli, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 Barauni P.S. Case No. 291 of 2022 registered for the offence under Sections 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 25.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 15 litres of IMFL/country made liquor from the alleged plastic dabba.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.61057 of 2022(2) dt.02-12-2022 2/2 submitted that alleged recovery of illicit liquor was not made from the conscious physical possession of this petitioner. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. While concluding the argument, it has been submitted that petitioner involved in 1 more criminal case, where he is on bail and moreover, investigation has been completed, for which, 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 and by taking note of doubtful seizure list being not supported by independent witnesses coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barauni P.S. Case No. 291 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 Exclusive Special Excise Act Judge-1, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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