Sonu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62001 of 2022 Arising Out of PS. Case No.-291 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== Sonu Kumar Yadav Son of Shri Chandrama Yadav Resident of Village - Mahavir Path, East Patel Nagar, P.S. - Shastri Nagar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the State :

Mr. Shahabuddin Azeem @ S. Azeem, 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 Kaimur (Bhabhua) Excise P.S. P.R. Case No. 291 of 2022 registered for the offence under 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 07.09.2022.

The allegation against the petitioner is to have in possession of 362.280 liters of foreign liquor.

Patna High Court CR. MISC. No.62001 of 2022(2) dt.02-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner was the driver of the alleged vehicle, from where alleged illicit liquor was recovered. It is submitted that nothing surfaced during course of investigation, which may suggest that petitioner was aware about the illegal consignment of illicit liquor, as such, it cannot said that illicit liquor was recovered from conscious physical possession of the petitioner. 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 submitted that petitioner is a man of clean antecedent, moreover, investigation in this case is complete, for which, charge-sheet 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 Kaimur (Bhabhua) Excise P.S. P.R. Case No. 291 of 2022

Patna High Court CR. MISC. No.62001 of 2022(2) dt.02-12-2022 3/3 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 No.2-cum-Additional District Judge-VII, Kaimur at Bhabhua, Bihar/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