Prasoon Kumar Karan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17166 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- MUSAHARI District- Muzaffarpur ====================================================== Prasoon Kumar Karan S/o Krishna Kumar Lal R/o village- Kamre, P.S.- Ratu, District- Ranchi (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2022 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 Musahari P.S. Case No. 28 of 2022 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. The accused/petitioner is named in the F.I.R. and is in custody since 02.02.2022.
The allegation against the petitioner is to involve in illegal trading of illicit liquor, where there was recovery of 147.75 liters.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.17166 of 2022(2) dt.08-07-2022 2/3 submitted that the petitioner is nowhere connected with the alleged recovery of illicit liquor. It is submitted that he has been simply implicated in this case only for the reason that he was found running away from the place of recovery, on police raid. It is further submitted that the recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, 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 petitioner is in no way connected with the alleged vehicle. Considering the facts and circumstances as mentioned above, as nothing incriminating recovered from the physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Musahari P.S. Case No. 28 of 2022 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 Excise Court No.1,
Patna High Court CR. MISC. No.17166 of 2022(2) dt.08-07-2022 3/3 Muzaffarpur, 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 Krishna Kumar Lal, who is the father of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- U T