Devali Ray @ Devali Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55660 of 2022 Arising Out of PS. Case No.-264 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Devali Ray @ Devali Kumar S/O Shyam Das Ray @ Samdas Ray Resident Of Village- Safipur, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, App ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-10-2022 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 Khusrupur P.S. Case No. 264 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 29.07.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 61 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from barren land connected with mango orchard, which is an open place

Patna High Court CR. MISC. No.55660 of 2022(2) dt.22-10-2022 2/2 and accessible by general public and as such it cannot be said that recovery of illicit liquor was made from conscious physical possession of this petitioner. It is further submitted that petitioner involved in one more criminal case of similar nature, where he is on bail. While concluding the argument, it is submitted that 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 liquor was made from an open place 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 Khusrupur P.S. Case No. 264 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 I/c Spl. Judge, Excise, Patna City/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T