Fagu Yadav @ Hridaya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63365 of 2022 Arising Out of PS. Case No.-82 Year-2020 Thana- SIGAUDI District- Patna ====================================================== Fagu Yadav @ Hridaya Yadav Son of Shiv Chandra Yadav @ Futar Yadav Resident of village - Hadi Nagar, P.S.- Sigaudi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

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 23.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 55 litres of illicit IMFL/country made 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, which is an open place and accessible by

Patna High Court CR. MISC. No.63365 of 2022(2) dt.02-12-2022 2/2 general public and as such it can be safely gathered that recovery of illicit liquor was not made from conscious physical possession of this petitioner. It is further submitted that the name of petitioner surfaced merely on the basis of disclosure made by Chaukidar, where nothing surfaced during the course of investigation, which may connect this petitioner with present set of recovery. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was made from an open place 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 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 learned 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) Archana/- U T