Raviraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65326 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Raviraj Kumar S/O Late Jageshwar Yadav R/O Village- Murvariya, Ward No4, P.S- Pipariya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajiv Ranjan Singh, Advocate For the State :

Mr. Md. Shakir Ahmad, 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 Rail Kiul P.S. Case No.110 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 22.09.2022.

The allegation against the petitioner is to be in

Patna High Court CR. MISC. No.65326 of 2022(2) dt.09-12-2022 2/3 possession of illicit liquor, where, there was recovery of 7.500 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that the alleged bag is not connected in any manner with the petitioner, from where the recovery of illicit liquor was made. It is also submitted that seizure list appears doubtful, being not supported by independent witnesses rather by police personnels. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet 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 seizure list appears doubtful being not supported by independent witnesses rather by police personnel, coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Rail Kiul P.S. Case No.110 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 Vth Additional District and Sessions Judge, cum, Exclusive Special Court-2,

Patna High Court CR. MISC. No.65326 of 2022(2) dt.09-12-2022 3/3 Excise Act, Lakhisarai/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