Pawan Sah @ Pawan Kumar Sah @ Pawan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24906 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- CHANDRAMANDI District- Jamui ====================================================== Pawan Sah @ Pawan Kumar Sah @ Pawan Saw Son Of Late Sudama Sah Resident Of Village Basukitand, P.S. Chakai, District Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 419, 420 of the Indian Penal Code and Section 7 of Essential Commodities Act.

As per FIR, it is alleged that the on getting a secret information informant along with police party reached at the place of occurrence and seized 6 drums total 448 liter of chemically mixed petrol and diesel and other incriminating were also recovered. It is further alleged that the place of occurrence belongs to the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.24906 of 2023(2) dt.23-05-2023 2/2 falsely been implicated in this case due to dirty village politics. The petitioner has no concern with the alleged recovery nor the seized material has been put on lab test. The place of occurrence is in semi abandon condition situated at lonely place as such anyone can access it easily. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C. The petitioner is languishing in judicial custody since 01.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandramandih P.S. Case No. 72 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Jamui.

(Sunil Kumar Panwar, J) arish/- U T