The Patna High Court granted bail to the petitioner, who was in custody for alleged illegal trading of 45 liters of illicit liquor under the Bihar Prohibition and Excise Act. The court noted the recovery was from an open place and the petitioner had no physical possession.
Released on bail with a bond of Rs. 10,000 and two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65804 of 2022
Arising Out of PS. Case No.-578 Year-2022 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Pappu Chaudhary Son of Gorakh Chaudhary @ Dharmendra Chaudhary R/vFatehpur, P.S.- Makhdumpur, District- Jehanabad
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the State : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 09-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Makhadumpur (Tehta O.P.) P.S. Case No. 578 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The accused/petitioner is named in the F.I.R. and is in
Patna High Court CR. MISC. No.65804 of 2022(2) dt.09-12-2022 2/3
custody since 29.08.2022.
The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where 45 liters of country made liquor was recovered.
Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from roadside, which is an open place and, admittedly, recovery of illicit liquor was not made from the conscious physical possession of the petitioner. It is further submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has 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.
In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor not appears to be made from conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be
Patna High Court CR. MISC. No.65804 of 2022(2) dt.09-12-2022 3/3
released on bail in connection with Makhadumpur (Tehta O.P.) P.S. Case No. 578 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 Excise Judge-I, Jehanabad/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Ankit/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is alleged to have been involved in illegal trading of illicit liquor.
2 provisions across 2 enactments
Pappu Chaudhary
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
