Mohan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3121 of 2022 Arising Out of PS. Case No.-518 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Mohan Paswan Son of Sushil Paswan R/o Village - Islampur, Ward No. 9, P.S. - Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2022 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 Complaint Case No. C 2- 518 of 2021 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 10.11.2021.

The allegation against the petitioner is to have in possession of 213 liters of Nepali saufi wine. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not the owner of the tempo from

Patna High Court CR. MISC. No.3121 of 2022(3) dt.24-06-2022 2/3 which the recovery has been made and nothing incriminating has been recovered from the conscious physical possession of the petitioner. While concluding the argument, it has further been submitted that petitioner is a man of clean antecedent, moreover, chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the the recovery has not been made from the conscious physical possession of the petitioner Considering the facts and circumstances as mentioned above, as the the recovery has not been made from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Complaint Case No. C 2- 518 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.3121 of 2022(3) dt.24-06-2022 3/3 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 documents.

(ii) That one of the bailors shall be Raj Kumari Devi, who is the mother of the petitioner and deponent of the present bail petition."

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