Sugga Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21538 of 2022 Arising Out of PS. Case No.-246 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== SUGGA SAW son of Kishori Saw Resident of Village - Rasanpur, Police Station - Warisaliganj, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2022 For the reason of the marriage of the daughter of the petitioner having been fixed on 26.05.2022, this case has been given a priority hearing.

Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 246 of 2021 dated 23.06.2021 instituted for the offence under Section 30 (a) of the Bihar Prohibition & Excise Act, 2016.

A total 78 litres of liquor has been recovered from three vehicles. Some of the accused persons of this case have confessed and have disclosed the name of the petitioner also as a provider of the liquor.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.21538 of 2022(2) dt.24-05-2022 2/2 that the accusation is based on confession and that cannot be relied upon for continuing with the prosecution of the petitioner. The petitioner has earlier been made accused a number of times in cases of similar nature but in all such cases, because of the paucity of evidence he has been granted bail. Nothing has been recovered from the possession of the petitioner in the instant case and as noted above his prosecution in the present case is on the basis of confession of the arrested accused person.

The petitioner is in custody since 08.03.2022. For the aforestated reasons, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 2, Nawada in connection with Warisaliganj P.S. Case No. 246 of 2021.

(Ashutosh Kumar, J) krishna/- U T