Satendra Singh @ Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71955 of 2021 Arising Out of PS. Case No.-164 Year-2021 Thana- PURNAHYA District- Sheohar ====================================================== Satendra Singh @ Satyendra Singh S/o Late Jotnarain Singh R/o villageSonaul Sultan, P.S.- Purnahiya, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 Purnahiya P.S. Case No. 164 of 2021 registered for the offence under Sections 30(a) & 37(2) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 11.10.2021.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 21.9 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from the 'Baithka', which is accessible by general public and other

Patna High Court CR. MISC. No.71955 of 2021(3) dt.19-11-2022 2/2 co-villagers and, as such, it cannot be said that recovery of illicit liquor was made from the conscious physical possession of this petitioner. While concluding the argument, it has been submitted that investigation is complete, where charge-sheet has been submitted, as such, there is not 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 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 Purnahiya P.S. Case No. 164 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Sheohar/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