Rajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67521 of 2022 Arising Out of PS. Case No.-458 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== Rajendra Kumar S/O Ashok Saw Residen of village- Herthu, P.S.- Islampur, District- Nalanda at present, resident of- Makhdumpur, P.S.- Beur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

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 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 Jakkanpur P.S. Case No. 458 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 02.09.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 90

Patna High Court CR. MISC. No.67521 of 2022(2) dt.23-12-2022 2/3 litres of illicit liquor.

Learned counsel appearing on behalf of the petitioner submitted that alleged vehicle is "Auto" which is a public carrier, accessible by general public at large and as such, it cannot be said that the alleged recovery has been made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that 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 of bail.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor was made from public carrier, where petitioner is a man of clean antecedent 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 Jakkanpur P.S. Case No. 458 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 Excise Court, Patna/concerned

Patna High Court CR. MISC. No.67521 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 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