Sudhir Yadav @ Sudhir Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63540 of 2022 Arising Out of PS. Case No.-246 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Sudhir Yadav @ Sudhir Kumar Yadav S/O Rajdev Yadav Resident of villageMajharia, P.S.- Buxar (Ind.), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 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 Official Complaint Case No. 246(O)/2019 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is in custody since 29.07.2022. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 22.320 litres of illicit IMFL/country made

Patna High Court CR. MISC. No.63540 of 2022(2) dt.02-12-2022 2/2 liquor.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not the driver of the alleged motorcycle and, as such it cannot be said that recovery of illicit liquor was made from conscious physical possession of this petitioner. It is further submitted that seizure list is not supported by independent witnesses, rather by police personnels.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is in custody since 29.07.2022 in the background of doubtful seizure list being not supported by independent witnesses, let the petitioner, above named, is directed to be released on bail in connection with Official Complaint Case No. 246(O)/2019 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 Judge, Excise Court No.2, Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T