Kunal Kumar v. The State of Bihar

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 67674 of 2022) Mr. Pushpendra Kumar Singh, Adv. For the Petitioner/s : For the Opposite Party/s : Mr. Manoj Kumar, APP. (In CRIMINAL MISCELLANEOUS No. 68533 of 2022) Mr. Shubhesh Pandey, Adv. For the Petitioner/s : For the Opposite Party/s : Mr. A.G., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 23-12-2022 IN CR. MISC. NO.67624 OF 2022 Heard learned counsel appearing on behalf of the petitioners 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. Patna High Court CR. MISC. No.67674 of 2022(2) dt.23-12-2022 The petitioner seeks bail in connection with Cheriya Bariyarpur P.S. Case No. 260 of 2022 registered for the offences under Sections 188, 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is not named in the F.I.R. and is in custody since 07.10.2022 The allegation against the petitioner is to be engaged in illegal trade of foreign liquor, where, there is recovery of

1646.67 litres of foreign liquor. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement/disclosure of co-accused, namely, Gautam Kumar, where in furtherance thereof, no incriminating material surfaced/recovered, during course of investigation, which may connect this petitioner, prima facie, with the present set of recovery of illicit liquor. It is also pointed out that seizure list is doubtful being not supported by independent witnesses, rather by police personnels. It is further pointed out that petitioner is involved in 02 more criminal cases, where, he is on bail. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge- sheet has already been submitted, as such, there is no chance of Patna High Court CR. MISC. No.67674 of 2022(2) dt.23-12-2022 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 the alleged recovery of illicit liquor not appears to be made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Cheriya Bariyarpur P.S. Case No. 260 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 Special Judge Excise-I, Begusarai/concerned court, subject to the conditions, as mentioned under Section 437(3) of the Cr.P.C., with further condition: “That Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by Patna High Court CR. MISC. No.67674 of 2022(2) dt.23-12-2022 the document.” IN CR. MISC. NO.68533 OF 2022 Heard learned counsel appearing on behalf of the petitioners 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 Cheriya Bariyarpur P.S. Case No. 260 of 2022 registered for the offences under Sections 188, 290 of the Indian Penal Code and 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 29.09.2022. The allegation against the petitioner is to be engaged in illegal trade of foreign liquor, where, there is recovery of

1646.67 litres of foreign liquor. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner not appears in the FIR, but subsequently this petitioner was implicated in present case, during course of investigation and also apprehended, without having any connecting evidence as regard to alleged recovery of illicit liquor. It is also submitted that seizure list is doubtful Patna High Court CR. MISC. No.67674 of 2022(2) dt.23-12-2022 being not supported by independent witnesses, rather by police personnels. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge- sheet has already 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. Considering the facts and circumstances as mentioned above, as seizure list appears doubtful being not supported by independent witnesses, where, petitioner is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Cheriya Bariyarpur P.S. Case No. 260 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 Special Judge Excise-I, Begusarai/concerned court, subject to the conditions, as mentioned under Section 437(3) of the Cr.P.C., with further condition: “That Accused/Petitioner shall cooperate in the trial and shall be physically Patna High Court CR. MISC. No.67674 of 2022(2) dt.23-12-2022 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the document.” (Chandra Shekhar Jha, J) S.Katyayan/- U T