Sawan Kumar @ Raushan Kumar @ Raushan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13246 of 2022 Arising Out of PS. Case No.-715 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Sawan Kumar @ Raushan Kumar @ Raushan Kumar Paswan Son of Ratan Paswan R/O Village- Chakahbu, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 Heard learned counsel appearing on behalf of the petitioner 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 Mahua P.S. Case No. 715 of 2021 registered for the offence under Sections 30(a), 32(ii), 34(i), 38(ii) and 41(1) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 27.11.2021.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 864 litres of IMFL from godown of Abhishek Ray.

Patna High Court CR. MISC. No.13246 of 2022(3) dt.15-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of the F.I.R., it appears that the petitioner was engaged as a Guard of the Godown of coaccused, namely, Abhishek Rai having direction to inform about the raid of the police party. It has further been submitted that petitioner is a man of clean antecedent. It has further been submitted that there is no compliance of mandatory provision of Section 100 of Cr.P.C., while preparing seizure list. While concluding the argument, it has been submitted that investigation has been completed, for which, 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 petitioner was engaged as a Guard of the godown.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner, who was engaged as a Guard of the godown having clean antecedent coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Mahua P.S.

Patna High Court CR. MISC. No.13246 of 2022(3) dt.15-07-2022 3/3 Case No. 715 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 Exclusive Special Prohibition of alcohol and Excise Court II-cum-Additional District and Sessions Judge, Hajipur, Vaishali, subject to the following conditions:

"(i) 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.

(ii) That one of the bailors shall be Ratan Paswan, who is the father of the petitioner and deponent of the present bail petition."

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