Md. Irphan @ Md.Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58408 of 2022 Arising Out of PS. Case No.-2 Year-2019 Thana- FULKAHA District- Araria ====================================================== Md. Irphan @ Md.Irfan Son of Md. Jamal Resident of Village - Chouhata, P.S.- Kishanpur, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-11-2022 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 Fulkaha P.S. Case No. 02 of 2019 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 25.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there

Patna High Court CR. MISC. No.58408 of 2022(2) dt.21-11-2022 2/3 was recovery of 207 litres of IMFL/country made liquor/Nepali wine.

Learned counsel appearing on behalf of the petitioner submitted that seizure list is not bearing signature of this petitioner, which is sufficient to suggest that recovery of alleged illicit liquor was not made from the conscious physical possession of the petitioner. It is further submitted that petitioner is involved in one more criminal case, where he is on bail. While concluding the argument, it has been submitted that investigation of this case is complete, for which, 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 alleged 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 Fulkaha P.S. Case No. 02 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II,-cum-Special Judge, Excise,

Patna High Court CR. MISC. No.58408 of 2022(2) dt.21-11-2022 3/3 Araria/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