Patna High CourtCR. MISC./65617/2022bail granted

Munna Kumar v. The State Of Bihar

2022-12-09Mr. Justice Chandra Shekhar Jha5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63634 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- BITHAN BAZAR District- Samastipur ====================================================== Naresh Kumar @ Naresh Yadav Son of Bachcha Yadav @ Bachchu Yadav Resident of Village- Sihma, P.S.- Bithan, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar Biha ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65617 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- BITHAN BAZAR District- Samastipur ====================================================== 1.

Munna Kumar Son of Saryug Yadav R/O Vill.- Surha Basantpur, P.S.- Hasanpur, Distt.- Samastipur 2.

Pappu Kumar Son of Yugeshwar Yadav R/O Vill.- Surha Basantpur, P.S.- Hasanpur, Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67158 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- BITHAN BAZAR District- Samastipur ====================================================== Kundan Yadav @ Kundan Kumar S/O Dasharath Yadav Resident of villageSihma, P.S.- Bithan, District- Samastipur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 63634 of 2022) For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP (In CRIMINAL MISCELLANEOUS No. 65617 of 2022) For the Petitioner/s :

Mr. Ranjit Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP (In CRIMINAL MISCELLANEOUS No. 67158 of 2022) For the Petitioner/s :

Mr. Surya Narayan Roy, Advocate

2/5 For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 Cr. Misc. No. 63634 of 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 Bithan Bazar P.S. Case No. 164 of 2022 registered for the offence under Sections 30(a), 32(1), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2018 and under Sections 419, 420, 467, 471 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 16.09.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2190.600 litres of IMFL/country made liquor from the alleged Bus.

3/5 not supported by independent witnesses rather by police personnels. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet 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 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bithan Bazar P.S. Case No. 164 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 Court 1st, Samastipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 65617 of 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 Bithan Bazar

4/5 P.S. Case No. 164 of 2022 registered for the offence under Sections 30(a), 32(1), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2018 and under Sections 419, 420, 467, 471 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 13.09.2022.

Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery was made from a white coloured bus, which was occupied by several public and, as such, it cannot be said that recovery was made from conscious physical possession of this petitioner. It is submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet 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 coupled

5/5 with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bithan Bazar P.S. Case No. 164 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 Court 1st, Samastipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 67158 of 2022 Heard the parties.

It appears that matter is related with anticipatory bail, which is wrongly listed before this Court.

Registry is directed to list this matter before appropriate Bench under the kind order of Hon'ble Chief Justice. (Chandra Shekhar Jha, J) pooja/- U T