Niraj Singh @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63586 of 2022 Arising Out of PS. Case No.-371 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Niraj Singh @ Niraj Kumar Son of Arvind Singh @ Arvind Kumar Singh R/V- Ward No. 14 Chakballi Nurpur P.S- Barauni, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, (APP 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel 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 Barauni P.S. Case No. 371 of 2022 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018 and under Section 272, 273 and 120(B) of the Indian Penal Code 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 29.08.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 444.6 litres of IMFL/country made liquor from the alleged vehicle. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of

Patna High Court CR. MISC. No.63586 of 2022(2) dt.09-12-2022 2/2 confessional statement of co-accused, namely, Sonu Kumar and admittedly, there is no recovery of illicit liquor from his conscious physical possession. It is further pointed out that seizure list appears doubtful being not supported by independent witnesses rather by home-guard personnels. While concluding the argument, it has been submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner, in the background of doubtful seizure list coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barauni P.S. Case No. 371 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 Excise Judge-1, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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