Uday Ray @ Uday Kumar @ Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67271 of 2022 Arising Out of PS. Case No.-366 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Uday Ray @ Uday Kumar @ Uday Yadav Son of Late Asharfi Ray R/vFatehjampur, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, 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 Nadi P.S. Case No. 366 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 21.10.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit wine, where, there is recovery of 330 litres of illicit wine.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67271 of 2022(2) dt.23-12-2022 2/3 submitted that recovery has been made from jointly occupied motorcycle, as such, it cannot be said that the alleged recovery has been made from the conscious physical possession of the petitioner. It has further been submitted that petitioner is involved in two other similar nature of case, in which, he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the 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 Nadi P.S. Case No. 366 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 Judge Excise, Patna City/concerned court, subject to the conditions, as mentioned under Section 437(3) of the Cr.P.C.

Patna High Court CR. MISC. No.67271 of 2022(2) dt.23-12-2022 3/3 (Chandra Shekhar Jha, J) S.Katyayan/- U T