Nirmal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56992 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Nirmal Rai Son of Late Jhulan Rai Resident of Village Mirapur, P.S.- Koilwar (Gidha O.P.), District - bhojpur at Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Koilwar (Gidha O.P.) P.S. Case No. 244 of 2022 registered for the offence under Section 30(a) of Bihar Excise and Prohibition Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 20.04.2022.

Patna High Court CR. MISC. No.56992 of 2022(2) dt.16-11-2022 2/3 The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where 200 liters of illicit country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from the bush developed in front of the house of the petitioner, which is accessible by general public and, as such, it cannot be said that recovery of illicit liquor was made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor not appears to be made from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Koilwar (Gidha O.P.) P.S. Case No. 244 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.56992 of 2022(2) dt.16-11-2022 3/3 satisfaction of learned 2nd Exclusive Special Excise Court, Bhojpur, Ara/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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