Krishnandan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13835 of 2022 Arising Out of PS. Case No.-74 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== KRISHNANDAN SAW Son of Late Bhuneshwar Saw Resident of VillageRasanpur, P.S.- Warisaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, 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 Warisaliganj P.S. Case No. 74 of 2021 registered for the offence under Section 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 21.12.2021.

The allegation against the petitioner is to be engaged in illegal trade and manufacturing of illicit liquor, wherein, 7 litres of illicit country made mahua liquor has been recovered from Ahar field.

Patna High Court CR. MISC. No.13835 of 2022(2) dt.24-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that alleged recovery has not been made from the conscious physical possession of the petitioner and nothing surfaced during course of the investigation to connect the petitioner with the alleged manufacturing activities. It has further been submitted that the petitioner is involved in one similar nature of case, in which, he is on bail. While concluding the argument, it has been submitted that charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged recovery of seized items have been made from the open place.

Considering the facts and circumstances as mentioned above, as nothing surfaced during course of the investigation to connect the petitioner with the alleged activities of manufacturing of illicit liquor 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 Warisaliganj P.S. Case No. 74 of 2021 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

Patna High Court CR. MISC. No.13835 of 2022(2) dt.24-06-2022 3/3 Excise Court No.2, Nawada, subject to the following conditions: "(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) 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 the documents.

(iii) That one of the bailors shall be Juhi Gupta, who is the wife of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T