Mukul Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70128 of 2022 Arising Out of PS. Case No.-623 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Mukul Raja Son of Binay Prasad @ Bijendra Kumar Kashyap @ Vijendra Kumar Kashyap R/O Vill./ Mohalla- Bangalipar, P.S. And Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 623 of 2022 registered for the offence under Section 30(a)/32/41 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 15.11.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 58.5 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.70128 of 2022(2) dt.24-12-2022 2/3 submitted that alleged recovery of illicit liquor was made from an auto, which is a public carrier, accessibly by public at large. It is further submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged recovery of illicit liquor was made from a public carrier in the background of doubtful seizure list, 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 Sheikhpura P.S. Case No. 623 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 Judge, Sheikhpura/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C., with further condition: (i) That accused/petitioner shall cooperate in the trial and shall be

Patna High Court CR. MISC. No.70128 of 2022(2) dt.24-12-2022 3/3 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) Archana/- U T