Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66451 of 2022 Arising Out of PS. Case No.-462 Year-2022 Thana- BEUR District- Patna ====================================================== Binod Kumar S/o Lal Babu Ray R/v- Harishchandra Nagar, near Double Transformer (Sipara), P.S.- Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nath, 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 Beur P.S. Case No.462 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 26.09.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 93 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

Patna High Court CR. MISC. No.66451 of 2022(2) dt.23-12-2022 2/3 disclosure made by co-accused, namely Dilip Kumar, and as such, it can be safely gathered that recovery not appears to be made from the conscious physical possession of the petitioner. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. It is also submitted that as petitioner found involved in 3 more criminal cases, where he is on bail, his name surfaced in the present case out of suspicion due to said criminal antecedents, without having any connecting evidence. While concluding the argument, it is 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 not appears to be made from conscious physical possession of the petitioner in the background of doubtful seizure list coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Beur P.S. Case No.462 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.66451 of 2022(2) dt.23-12-2022 3/3 satisfaction of learned Special Judge, Excise Act, Patna/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