Madan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64099 of 2022 Arising Out of PS. Case No.-335 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Madan Ram Son Of Ram Sakal Ram R/O Village- Agarsanda, P.S.- Ara Muffasil (dhobaha Op), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pranav Kumar, Advocate For the State :

Mr. Amit Kumar Rakesh, 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 Ara Muffasil (Dhobaha OP) P.S. Case No.335 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 10.10.2022.

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 recovery of alleged illicit liquor was made

Patna High Court CR. MISC. No.64099 of 2022(2) dt.09-12-2022 2/2 from open street and not from the physical possession of this petitioner. While concluding the argument, it is categorically submitted that 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 was made from an open place coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Ara Muffasil (Dhobaha OP) P.S. Case No.335 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 Exclusive Special Excise Court No.1, Bhojpur, Ara/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