Sanjay Choudhary @ Baiju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55683 of 2022 Arising Out of PS. Case No.-35 Year-2020 Thana- RAJPUR District- Rohtas ====================================================== Sanjay Choudhary @ Baiju Kumar Son Of Rohit Choudhary Resident of Village- Khanda, P.S.- Sasaram (Mufssil), District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, 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 Rajpur P.S. Case No. 35 of 2020 registered for the offence under Sections 414 and 34 of the Indian Penal Code and 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 31.07.2021.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 3411.90 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.55683 of 2022(2) dt.22-10-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of apprehended co-accused, where petitioner is not connected in any manner with alleged recovery of illicit liquor and the alleged vehicle where illicit liquor was recovered and, as such, it cannot be said that recovery was made from the conscious physical possession of this petitioner. It is further submitted that petitioner involved in four (4) criminal cases, where he is on bail in all cases. While concluding the argument, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioner 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 Rajpur P.S. Case No. 35 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-cum-Additional District & Sessions Judge, Rohtas

Patna High Court CR. MISC. No.55683 of 2022(2) dt.22-10-2022 3/3 at Sasaram/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T