Udeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60384 of 2022 Arising Out of PS. Case No.-412 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Udeshwar Prasad Son of Late Ram Saroop Prasad R/V- Dautpur, P.SMasaurhi, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shekhar Kumar Singh, Advocate For the State :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Parsa Bazar P.S. Case No.412 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

The accused/petitioner is named in the F.I.R. and is in custody since 25.08.2022.

The allegation against the petitioner is to be in possession of illicit liquor, where, there was recovery of 60 litres

Patna High Court CR. MISC. No.60384 of 2022(2) dt.24-11-2022 2/3 of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that the recovery of alleged illicit liquor was made from 3 wheeler/tempo, being a public carrier and accessible by general public and, as such, it can be safely gathered that recovery of illicit liquor was not made from the conscious physical possession of this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above, as the recovery of alleged illicit liquor not appears to be made from conscious physical possession of the petitioner 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 Parsa Bazar P.S. Case No.412 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 Judge, Excise, Patna/concerned court,

Patna High Court CR. MISC. No.60384 of 2022(2) dt.24-11-2022 3/3 subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T