Manoj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67558 of 2022 Arising Out of PS. Case No.-399 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Manoj Kumar Rai Son of Ram Pukar Rai Resident of Village - Hariharpur, Ward No.- 17, P.S.- Dumra, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar, 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 Dumra P.S. Case No. 399 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 01.09.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 185.91 litres of illicit liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67558 of 2022(2) dt.23-12-2022 2/3 submitted that recovery of illicit liquor was made from poultry farm of the petitioner, which is accessible by other family members and as such, it cannot be said that the alleged recovery was made from the conscious physical possession of the petitioner. It is also pointed out that seizure list is doubtful being not supported by independent witnesses, rather by police personnel. 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 of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from conscious physical possession of this 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 Dumra P.S. Case No. 399 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 Excise Court-I, Sitamarhi/concerned court, subject to the conditions, as

Patna High Court CR. MISC. No.67558 of 2022(2) dt.23-12-2022 3/3 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 Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the document."

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