Komal Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64699 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- DURAULI District- Siwan ====================================================== Komal Rajbhar s/o late bhawani rajbhar r/o village and p.o.- Kewtaliya, P.S.- Darauli, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 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 Darauli P.S. Case No. 116 of 2022 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 25.10.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 95 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from

Patna High Court CR. MISC. No.64699 of 2022(2) dt.24-12-2022 2/3 one dug beside the house of the petitioner, which is an open place and accessible by general public and as such it can be safely gathered that recovery of illicit liquor was not made from conscious physical possession of this petitioner. It is further submitted that as petitioner involved in 6 more cases, where he is on bail in 5 cases. While concluding the argument, it has been submitted that investigation of this case is completed, for which 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 alleged recovery of illicit liquor appears to be made from an open place 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 Darauli P.S. Case No. 116 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 others Excise Special Court No.1, Siwan/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C., with further condition: "(i) That accused/petitioner shall cooperate in the trial and shall be

Patna High Court CR. MISC. No.64699 of 2022(2) dt.24-12-2022 3/3 physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner, duly supported by the documents."

(Chandra Shekhar Jha, J) Archana/- U T