Ranjesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61372 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- KISHUNPUR District- Supaul ====================================================== Ranjesh Kumar Yadav Son of Mahendra Yadav Resident of VillageBahuarba, Ward No.-08, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jitendra Kumar Bharti, Advocate For the State :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Kishanpur P.S. Case No.196 of 2022 registered for the offence under Section 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 30.07.2022.

The allegation against the petitioner is to be in illegal

Patna High Court CR. MISC. No.61372 of 2022(2) dt.02-12-2022 2/3 possession of illicit liquor, where, there was recovery of 162 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that petitioner was the driver of alleged vehicle, where nothing surfaced during the course of investigation which may suggest, that he was under knowledge of illegal consignment of illicit liquor. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet 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 the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let above named petitioner directed to be released on bail in connection with Kishanpur P.S. Case No.196 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 Special Judge, Excise Court No.1,

Patna High Court CR. MISC. No.61372 of 2022(2) dt.02-12-2022 3/3 Supaul/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