Rampravesh Kumar @ Kallu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64295 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== Rampravesh Kumar @ Kallu Yadav Son of Vijay Yadav Resident of Village - Ranipur Dhal, P.S. - Mehandiganj, District - Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Preety Kunwar, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 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 Mehandiganj P.S. Case No.126 of 2022 registered for the offence under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Patna High Court CR. MISC. No.64295 of 2022(2) dt.09-12-2022 2/3 The accused/petitioner is named in the F.I.R. and is in custody since 18.08.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 20 litres of illicit country made mahua liquor. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery was made from the bag, which is not connected in any manner with this petitioner. It is further submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument, it is submitted that 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 as petitioner is in custody since 18.08.2022, in the background of doubtful seizure list coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Mehandiganj P.S. Case No.126 of 2022 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.64295 of 2022(2) dt.09-12-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City/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