Surendra Ravat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58155 of 2022 Arising Out of PS. Case No.-241 Year-2022 Thana- AMNAUR District- Saran ====================================================== Surendra Ravat Son of Late Ram Ayodhya Raut Resident of Amnour Harnarayan Purwari Tola, P.S- Amnour, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-11-2022 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 Amnour P.S. Case No. 241 of 2022 registered for the offence under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accused/petitioner is named in the F.I.R. and is in custody since 14.08.2022.

Patna High Court CR. MISC. No.58155 of 2022(2) dt.18-11-2022 2/3 The allegation against the petitioner is to have in possession of 223.200 liters of country made liquor . Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from the abandoned house, which is not connected, in any manner, with the petitioner and merely on the basis of suspicion, petitioner has been falsely implicated in the present case, who is, otherwise, a man of clean antecedent. It is further submitted that compliance of Section 100(4) of the Cr.P.C. was not made , while searching the premises/house. While concluding the argument, it is, categorically, 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 of illicit liquor 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 Amnour P.S. Case No. 241 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.58155 of 2022(2) dt.18-11-2022 3/3 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-1st Exclusive Special Judge, Excise, Saran, Chapra/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