Single judge order granting bail to the petitioner who is charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for illegal trading/manufacturing of illicit liquor, noting the absence of recovery from his possession.
Bail allowed on furnishing bond of Rs.10,000/- with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32137 of 2022
Arising Out of PS. Case No.-679 Year-2021 Thana- FATUA District- Patna
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VIKKI KUMAR @ SANJAY KUMAR Son of Late Brijraj Prasad Yadav @ Late nagina Prasad @ Brijray Yadav Resident of Village - Mirjapur Nahta, P.s.- Fatuhan, Distt.- Patna, Presently Resident of Village - Shisha Mill , Patel Nagar, Sonaru, P.s.- Fatuha, Distt.- Patna.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar,Advocate For the Opposite Party/s : Mr.Sangeeta Sharma,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 12-08-2022
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 Fatuha P.S. Case No. 679 of 2021 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 06.09.2021.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 4644 litres of IMFL/country made liquor.
Patna High Court CR. MISC. No.32137 of 2022(2) dt.12-08-2022 2/2
Learned counsel appearing on behalf of the petitioner submitted that petitioner is not connected with alleged vehicle and illicit liquor. It is submitted that no recovery was made from conscious physical possession of the petitioners. It has been submitted that investigation is complete, where charge-sheet has been submitted.
Learned APP, while opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, 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 Fatuha P.S. Case No. 679 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna City/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.
(Chandra Shekhar Jha, J)
R.S.Sen/Ravishankar/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given that the illicit liquor was not recovered from his conscious physical possession and the charge-sheet has been submitted.
2 provisions across 2 enactments
VIKKI KUMAR @ SANJAY KUMAR
The State of Bihar
CHANDRA SHEKHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
