Sudama Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2135 of 2023 Arising Out of PS. Case No.-59 Year-2022 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== Sudama Paswan, Son Of Updar Paswan, R/O Village- Sabar, P.S.- Karamchat, District- Kaimur At Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mrs. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Karamchat P.S. Case No. 59 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, police received secret information about petitioner selling illicit mahua liquor in front of his house. A raid was conducted and the petitioner was found selling the illicit liquor in front of his house. He was apprehended and 33 liters of country made mahua liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.2135 of 2023(2) dt.19-04-2023 2/3 case. No recovery has been made from the possession of this petitioner or from his house. It is apparent from the FIR, that the recovery has been made from in front of the house of the petitioner, but he was falsely implicated at the instance of local Chowkidar. There is non-compliance of Section 100 of Cr.P.C. at the time of preparation of the seizure list. Charge sheet has been submitted in this case and the petitioner is in custody since 14.11.2022.

5. Learned A.P.P. for the State opposes the prayer for bail submitting that petitioner is accused in two other cases of similar nature.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of this petitioner and further considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VII-cumSpecial Judge Excise-II, Kaimur at Bhabhua in connection with Karamchat P.S. Case No. 59 of 2022, subject to the conditions

Patna High Court CR. MISC. No.2135 of 2023(2) dt.19-04-2023 3/3 mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Daya/- U T