Meni @ Deepu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57542 of 2022 Arising Out of PS. Case No.-559 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Meni @ Deepu Kumar S/o Rameshwar Choudhary R/o - Amra Talab, P.S.- Sasaram (Muffasil), District- Rohtas, Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh, Advocate Mr. Utpal Kant, Advocate Ms. Anuradha Kumari, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 Sasaram (Town) Muffasil P.S. Case No. 559 of 2017 registered for the offence under Sections 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 12.08.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 72 litres of IMFL/country made liquor from the

Patna High Court CR. MISC. No.57542 of 2022(2) dt.17-11-2022 2/3 alleged vehicle.

Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Vijay Choudhary, and admittedly, there is no recovery of illicit liquor was made from the conscious physical possession of this petitioner. It is further submitted that even the alleged recovery was made from a government school, which is accessible by general public. While concluding the argument, it has been submitted that investigation has been 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 alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sasaram (Town) Muffasil P.S. Case No. 559 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special

Patna High Court CR. MISC. No.57542 of 2022(2) dt.17-11-2022 3/3 Excise-cum-Additional District and Sessions Judge, Rohtas at Sasaram/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T