Yugesh Kumar @ Yugesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65408 of 2022 Arising Out of PS. Case No.-319 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Yugesh Kumar @ Yugesh Yadav Son Of Mahindra Yadav R/O Vill.- Chandaul, P.O.- Sihuli, P.S.- Rafiganj, Distt.- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shailesh Kumar Singh, Advocate For the State :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 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 Rafiganj P.S. Case No.319 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise AmendmentAct, 2016. The accused/petitioner is named in the F.I.R. and is in custody since 12.08.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 50 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from an open area near 'Fesra Bridge', while petitioner was

Patna High Court CR. MISC. No.65408 of 2022(2) dt.09-12-2022 2/2 crossing the place of recovery. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

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

In view of the facts and circumstances as mentioned above as recovery of alleged illicit liquor not appears to be made from conscious physical possession of the petitioner coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Rafiganj P.S. Case No.319 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 Special Judge, Excise-I, Aurangabad/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