Deodhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64192 of 2022 Arising Out of PS. Case No.-82 Year-2020 Thana- SIGAUDI District- Patna ====================================================== Deodhari Yadav Son of Dalal Yadav Resident of village- Hadi Nagar, P.SSigaudi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Parashuram Singh, Advocate For the State :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Sigaudi P.S. Case No.82 of 2020 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 13.05.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 55 litres of illicit country made mahua liquor. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from the bank of Punpun River, that is an open place and

Patna High Court CR. MISC. No.64192 of 2022(2) dt.09-12-2022 2/2 admittedly recovery was not made from conscious physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet 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 recovery of alleged illicit liquor appears to be made from an open place coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Sigaudi P.S. Case No.82 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 Special Judge Excise, Danapur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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