Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61170 of 2022 Arising Out of PS. Case No.-803 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Rahul Kumar Son of Singeshwar Ray R/v- Naya Tola, Sabnima, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jay Ram Prasad, Advocate For the State :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Patna P.S. Case No.803 of 2022 registered for the offence under Section 30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

The accused/petitioner is named in the F.I.R. and is in custody since 13.09.2022.

The allegation against the petitioner is to be in possession of illicit liquor, where, there was recovery of 240

Patna High Court CR. MISC. No.61170 of 2022(2) dt.26-11-2022 2/3 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from tempo, which is a public carrier and accessible by general public at large, and as such, it can be safely gathered that recovery was not made from conscious physical possession of the petitioner, who is a man of clean antecedent. It is submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. While concluding the argument, it is submitted that 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 conscious physical possession of the 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 Patna P.S. Case No.803 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.61170 of 2022(2) dt.26-11-2022 3/3 amount each to the satisfaction of learned Special Judge, Excise Patna/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