Sanjay Rai @ Nanki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66835 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- MALSALAMI District- Patna ====================================================== SANJAY RAI @ NANKI KUMAR Son of Nageshwar Rai Resident of Village- Chhoti Nagala, Sangram Chak, P.S.- Malsalmi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 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 Malsalami P.S. Case No. 246 of 2022 registered for the offence under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 26.07.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 5 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.66835 of 2022(2) dt.23-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on the spot and his name surfaced on the basis of disclosure made by coaccused person and, as such, it can be safely said that recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. It is further submitted that petitioner found involved in three (3) more cases of similar nature, due to said suspicion, his name also surfaced in the present case. While concluding the argument, it is submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

In view of 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 been submitted, let the petitioner, above named, is directed to be released on bail in connection with Malsalami P.S. Case No. 246 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 Exclusive Special Judge Excise, Patna City/concerned

Patna High Court CR. MISC. No.66835 of 2022(2) dt.23-12-2022 3/3 Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C with further condition:

"That Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents."

(Chandra Shekhar Jha, J) R.S.Sen/- U T