Yogendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60393 of 2022 Arising Out of PS. Case No.-287 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== Yogendra Kumar Son of Narayan Bind @ Ram Narayan Bind R/VBishrampur, P.S- sheosagar (Baddi) Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajani Kant Singh, Advocate For the State :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Sheosagar P.S. Case No.287 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

The accused/petitioner is named in the F.I.R. and is in custody since 25.06.2022.

The allegation against the petitioner is to be in

Patna High Court CR. MISC. No.60393 of 2022(2) dt.24-11-2022 2/3 possession of illicit liquor, where, there was recovery of 110 litres of illicit IMFL/country made mahua liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner took lift for a local destination and is not connected in any manner with the alleged recovery of illicit liquor and alleged vehicle. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above, as the recovery of illicit liquor not appears to be made from conscious physical possession of the petitioner, who is a man of clean antecedent 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 Sheosagar P.S. Case No.287 of 2022 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 Excise Court No.2-cum-Additional District and Sessions Judge,

Patna High Court CR. MISC. No.60393 of 2022(2) dt.24-11-2022 3/3 Rohtas, Sasaram/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T