Nickname order granting bail to petitioner in Madhepura Excise case involving charge of illicit liquor manufacturing under Bihar Prohibition Act where charge-sheet was submitted and recovery was from jointly occupied car.
Petitioner released on bail on Rs.10,000/- bond with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54304 of 2022
Arising Out of PS. Case No.-172 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura
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Suman Kumar S/o Tuntun Tanti R/o village- Gauripur, P.S.- Singheshwar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
... ... Opposite Party/s
For the Petitioner/s : Mr. Durgesh Kumar, Advocate For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 21-10-2022
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 Madhepura Excise P.S. Case No. 172 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 05.05.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 30 litres of illicit IMFL/country made liquor.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.54304 of 2022(2) dt.21-10-2022 2/2
submitted that the recovery of illicit liquor was made from jointly occupied car and as such it cannot be said that recovery of illicit liquor was made from conscious physical possession of this petitioner. While concluding the argument, it has been submitted that investigation of this case has been completed, where 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 recovery of illicit liquor not appears from conscious physical possession of this 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 Madhepura Excise P.S. Case No. 172 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 Additional District and Sessions Judge-Ivth-cum-Special Judge, Excise Madhepura/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Archana/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case relating to illegal trading/manufacturing of illicit liquor where the charge sheet has been submitted and recovery was from a jointly occupied car.
2 provisions across 2 enactments
Suman 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
