Tinkle @ Rahul Kumar @ Tikal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57299 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Tinkle @ Rahul Kumar @ Tikal Kumar Son of Late Sukhari Chaudhary R/O Village- Kajhar Ghat, P.S.- Kudra, Distt.- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhash, Advocate For the State :

Ms. Shaheen Begum, 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 Kudra P.S. Case No. 89 of 2022 registered for the offence under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 19.05.2022.

Patna High Court CR. MISC. No.57299 of 2022(2) dt.16-11-2022 2/3 The allegation against the petitioner is to be involved in illegal trading of 329.40 liters of illicit liquor. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of apprehended co-accused, namely, Dilip Kumar and, admittedly, it can be safely gathered that recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent. 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 not appears to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent 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 Kudra P.S. Case No. 89 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.57299 of 2022(2) dt.16-11-2022 3/3 satisfaction of learned Special Judge, Excise No.-1-cumAdditional District Judge-IV, Kaimur at Bhabhua/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