Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62011 of 2022 Arising Out of PS. Case No.-370 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Sonu Kumar Son of Awdesh Ray Resident of Village - Mohanpur, P.S.- Raghopur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the State :

Mr. Shyam Bihari Singh, 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.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Nadi P.S. Case No. 370 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 26.09.2022.

The allegation against the petitioner is to have in possession of 252 liters of country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor not appears to be made from conscious physical possession of the petitioner, who

Patna High Court CR. MISC. No.62011 of 2022(2) dt.02-12-2022 2/2 is a man of clean antecedent. It is further submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. While concluding the argument, it is, categorically, submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as seizure list appears doubtful being not supported by independent witnesses rather by police personnel coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nadi P.S. Case No. 370 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 learned Special Judge, Excise, Patna City/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T