Ramashray Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14574 of 2022 Arising Out of PS. Case No.-526 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RAMASHRAY PASWAN Son of Late Toofani Paswan Resident of Village - Mansoorpur Chamarua, Police Station- Karza, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Nath Sharma, Advocate For the Opposite Party/s :

Mr. Arvind Kr. Pandey, App ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2022 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 Excise P.S. Case No. 526 of 2021 registered for the offence under Sections 30(a) and 32(3)of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 17.12.2021.

The allegation against the petitioner is to be engaged in illegal trade of illicit toddy, where, there was total recovery of

Patna High Court CR. MISC. No.14574 of 2022(2) dt.01-07-2022 2/3 35 litres of illicit toddy.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery has been made from the joint house of the petitioner, as such, it cannot be said that the same has been recovered from the conscious physical possession of the petitioner. While concluding the argument, it has been submitted that investigation of this case has 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 alleged recovery has been made from joint house of the petitioner.

Considering the facts and circumstances as mentioned above, as alleged recovery has not been made from the conscious physical possession of the petitioner, who is man of 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 Excise P.S. Case No. 526 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 Judge (Excise) Court No. 11, Muzaffarpur, subject to the following

Patna High Court CR. MISC. No.14574 of 2022(2) dt.01-07-2022 3/3 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 Vikash Kumar, who is the brother-in-law of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.SenU T