Jainath Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60023 of 2022 Arising Out of PS. Case No.-819 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== JAINATH URAON Son of Late Dukhi Uraon Resident of Village - Sadanandpur Baisa, P.S.- Kahalgaon, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek, Advocate For the Opposite Party/s :

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

The petitioner seeks bail in connection with Kahalgaon P.S. Case No. 819 of 2021 registered for the offence under Section 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 08.03.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there

Patna High Court CR. MISC. No.60023 of 2022(2) dt.24-11-2022 2/3 was recovery of 10 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit mahua liquor was made from the house of the petitioner, which is jointly occupied by other family members and, as such, it can be safely gathered that alleged recovery was not made from the conscious physical possession of the petitioner. It is further submitted that seizure list is disputed and not supported by independent witnesses and also compliance of Section 100(4) of the Cr.P.C. was not made in the present case. While concluding the argument, it has been submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit mahua liquor not appears to be made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kahalgaon P.S. Case No. 819 of 2021 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.60023 of 2022(2) dt.24-11-2022 3/3 satisfaction of learned Special Judge, Exclusive Excise Court No.2, Bhagalpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T