Santosh Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66422 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Santosh Chaupal S/O Munna Chaupal @ Muneshwar Chaupal R/O VillageChandrawani ,P.S- Lakhnaur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 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 Lakhanpur P.S. Case No.142 of 2022 registered for the offence under Sections 272, 273, and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The accused/petitioner is named in the F.I.R. and is in custody since 15.09.2022.

Patna High Court CR. MISC. No.66422 of 2022(2) dt.23-12-2022 2/3 The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 188.625 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of disclosure made by the driver of the vehicle and admittedly no recovery of illicit liquor was made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted 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 Lakhnour P.S. Case No.142 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

Patna High Court CR. MISC. No.66422 of 2022(2) dt.23-12-2022 3/3 learned Special Judge, Excise Act, Jhanjharpur, Madhubani/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