Ravindra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61353 of 2022 Arising Out of PS. Case No.-370 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Ravindra Kumar Singh Son of Ram Janam Singh Resident of MohallaTakiya, Ward No-02, P.S.- Sasaram, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Tiwary, Advocate For the State :

Mr. Knahaiya Kishore, 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.

The petitioner seeks bail in connection with Sasaram (T) P.S. Case No.370 of 2022 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 16.09.2022.

The allegation against the petitioner is to be involved

Patna High Court CR. MISC. No.61353 of 2022(2) dt.02-12-2022 2/3 in illegal trading of illicit liquor, where, there was recovery of 15 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that admittedly, recovery of illicit liquor was not appears to be made from physical possession of this petitioner, where implication is only for the reason that petitioner was the registered owner of alleged vehicle, from where alleged illicit liquor was recovered. It is also submitted that seizure list appears doubtful, being not supported by independent witnesses rather by police personnel.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

Considering the facts and circumstances as mentioned above as admittedly recovery of illicit liquor not appears to be made from the physical possession of this petitioner, where seizure list appears doubtful being not supported by independent witness rather by police personnel, let above named petitioner is directed to be released on bail in connection with Sasaram (T) 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 Exclusive Special Court No.2cum-Additional District and Sessions Judge, Rohtas,

Patna High Court CR. MISC. No.61353 of 2022(2) dt.02-12-2022 3/3 Sasaram/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