Bhushan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62781 of 2022 Arising Out of PS. Case No.-106 Year-2022 Thana- SIKTA District- West Champaran ====================================================== 1.

Bhushan Patel Son of Harendra Raut Resident of Village - Bankat Musahari, P.S.- Majhaulia, District - West Champaran.

2.

Harendra Raut Son of Ram Khelawan Raut Resident of Village - Bankat Musahari, P.S.- Majhaulia, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

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

The petitioners seeks bail in connection with Sikta P.S. Case No.106 of 2022 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accused/petitioners is named in the F.I.R. and is in custody since 16.07.2022.

Patna High Court CR. MISC. No.62781 of 2022(2) dt.02-12-2022 2/3 The allegation against the petitioners is to be in illegal possession of illicit liquor, where, there was recovery of 18.600 litres of illicit Nepali made liquor.

Learned counsel appearing on behalf of the petitioners submitted that recovery of alleged illicit liquor was made from jointly occupied motorcycle, and as such, it can be said that recovery was not made from conscious physical possession of these petitioners. While concluding the argument, it is submitted that petitioners are man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet 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 and by taking note of accusations coupled with the fact that chargesheet has been submitted, let both above named petitioners directed to be released on bail in connection with Sikta P.S. Case No.106 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise, Bettiah, West Champaran, Sikta/concerned court,

Patna High Court CR. MISC. No.62781 of 2022(2) dt.02-12-2022 3/3 subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T