Raja Kumar @ Komal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56041 of 2022 Arising Out of PS. Case No.-216 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Raja Kumar @ Komal Kumar S/O Babu Saheb @ Sanjeev Kumar Resident Of Village- Manjhaul, Nityanand Chowk, P.S.- Cheriya Bariyarpur, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, 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 Cheriya Bariyarpur P.S. Case No. 216 of 2022 registered for the offence under Sections 188 of 290 of the Indian Penal Code and also 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 07.09.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 212.01 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.56041 of 2022(2) dt.22-10-2022 2/2 submitted that recovery of illicit liquor was made from sugarcane field of one, Umesh Singh, which is not connected in any manner with the petitioner. It is further submitted that name of the petitioner surfaced on the basis of suspicion as raised through secret information. It is also submitted that seizure list appears disputed, being not supported by independent witnesses rather by police personnels.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was made from the open field, in the background of doubtful seizure list, let the petitioner, above named, is directed to be released on bail in connection with Cheriya Bariyarpur P.S. Case No. 216 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 Exclusive Special Excise Judge-I, Begusarai/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