Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63547 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Anil Singh S/o Late Rajendra Singh Resident of village- Bhakura, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Ara Muffasil P.S. Case No. 244 of 2022 registered for the offence under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 31.07.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 235 litres of IMFL/country made liquor from an

Patna High Court CR. MISC. No.63547 of 2022(2) dt.09-12-2022 2/3 open area.

Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was made near one brick-kiln (chimney) of Dhananjay Singh, which is an open area, accessible by general public and, as such, it can be safely gathered that recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. It is also submitted that seizure list appears doubtful, being not supported by independent witnesses rather by home-guard personnels. 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, in the background of doubtful seizure list 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 Ara Muffasil P.S. Case No. 244 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.63547 of 2022(2) dt.09-12-2022 3/3 of the like amount each to the satisfaction of learned Exclusive Special Judge Court No. 1, Bhojpur at Ara/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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