Parmod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58991 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Parmod Rai Son Of Rudal Rai R/O Village- Rampur Fago, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Nilendu Kumar Choudhary, Advocate For the State :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2022 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 Saraiya P.S. Case No. 33 of 2021 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act. The accused/petitioner is named in the F.I.R. and is in custody since 31.08.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 4825.2 litres of illicit IMFL liquor/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of secret information as received by police spy, where nothing surfaced

Patna High Court CR. MISC. No.58991 of 2022(2) dt.19-11-2022 2/2 during the course of investigation to connect this petitioner with present set of recovery of alleged illicit liquor, which admittedly, not recovered from physical possession of the petitioner, who is a man of clean antecedent and moreover, investigation in this case is completed for which charge sheet has been submitted, and as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as recovery of alleged illicit liquor not appears to be made from conscious physical possession of this 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 Saraiya P.S. Case No. 33 of 2021 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 Court No-II, Muzaffarpur/concerned Court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T