Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61104 of 2022 Arising Out of PS. Case No.-567 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Vikash Kumar S/O Vijay Paswan Resident of village- Tegaini @ Teaigni, P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Onkar Nath, Advocate For the State :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Fatehpur P.S. Case No.567 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The allegation against the petitioner is to be involved in illegal trade of illicit liquor, where, there was recovery of 960 liters of IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.61104 of 2022(2) dt.26-11-2022 2/3 submitted that out of total recovery of 960 liters, the recovery of 240 liters was alleged to be made from the alleged motorcycle of the petitioner. It is submitted that petitioner is not connected in any manner with the alleged motorcycle, which was jointly occupied at the time of recovery. It is further submitted that seizure list appears doubtful, being not supported by independent witnesses rather by police personnel. While concluding the argument, it has been categorically submitted that investigation of this case is complete, for which, chargesheet has been submitted, as such, there is not chance of tampering with the evidence.

Learned APP, opposes the prayer of the bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor was not made from the conscious physical possession of the petitioner, in the background of doubtful seizure list coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Fatehpur P.S. Case No.567 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 Court of Exclusive Special Excise, Court No.1 Gaya/concerned court,

Patna High Court CR. MISC. No.61104 of 2022(2) dt.26-11-2022 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