Sanjay Kumar @ Sanjay Ram vs The State Of Bihar on 20 August, 2022

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Patna High Court - Orders

Sanjay Kumar @ Sanjay Ram vs The State Of Bihar on 20 August, 2022

Bench: Chandra Shekhar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37063 of 2022
                   Arising Out of PS. Case No.-411 Year-2020 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur

                 ======================================================
                 Sanjay Kumar @ Sanjay Ram Son of Suresh Ram R/O Village- Patahi Roop,
                 P.S.- Muzaffarpur Sadar, District- Muzaffarpur

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :     Mr.Vijay Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr.Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   20-08-2022

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 Muzaffarpur, Sadar P.S. Case No. 411 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 332, 353 of I.P.C. and under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 14.03.2022.

The allegation against the petitioner is to be engaged Patna High Court CR. MISC. No.37063 of 2022(2) dt.20-08-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 34.560 litres of IMFL/country made liquor from the alleged car.

Learned counsel appearing on behalf of the petitioner submitted that as seizure list of illicit liquor does not bear signature of the petitioner, is sufficient to gather that the recovery of illicit liquor was not made from the conscious physical possession of the petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that the alleged car was jointly occupied, as per seizure list.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not 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 Muzaffarpur Sadar P.S. Case No. 411 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.37063 of 2022(2) dt.20-08-2022 3/3 learned Exclusive Special Excise Court No.-1, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/-

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Patna High Court - Orders