SUBEDAR YADAV v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Aman Vishal, Advocate Mr. Nand Kumar, APP 2 07-08-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Madanpur P.S. Case No. 114 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act,

The accused/petitioner is named in the F.I.R. and is in custody since 07.06.2023.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 30 litres of illicit liquor and 50 kg. of Mahua flower.

Learned counsel appearing on behalf of the petitioner submitted that alleged illicit liquor and Mahua flower Patna High Court CR. MISC. No.46645 of 2023(2) dt.07-08-2023 were alleged to be recovered from the house of this petitioner, which is jointly occupied by other family members and as such, it cannot be said that alleged recovery was made from the conscious physical possession of the petitioner. It is submitted that compliance of Section 100(4) of the Cr.P.C. not appears to be followed regarding search of premises. It is also submitted that seizure list is also appearing doubtful, being not supported by independent witnesses, rather by police personnels. While concluding the argument, it is submitted that petitioner found involved in 02 more criminal cases, where, he is on bail and moreover, investigation of this case is completed, for which, charge-sheet has already 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.

Considering the facts and circumstances as mentioned above, as alleged recovery of illicit liquor and Mahua flower were not appears to be made from conscious physical possession of this petitioner coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 07.06.2023, let the petitioner, above named, is directed to be released on bail in connection with Madanpur P.S. Patna High Court CR. MISC. No.46645 of 2023(2) dt.07-08-2023 Case No. 114 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, I, Aurangabad (Bihar)/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. S.Katyayan/- U T (Chandra Shekhar Jha, J)