Subodh Paswan @ Subo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23759 of 2022 Arising Out of PS. Case No.-294 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== Subodh Paswan @ Subo Paswan S/o Mithlesh Paswan Resident of VillageSonwarsha Ghat, P.S.- Choutham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2022 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 Choutham P.S. Case No. 294 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 05.01.2022.

The allegation against the petitioner is to be engaged in illegal trade/manufacturing of illicit liquor, where, there is recovery of 09 litres of country made liquor.

Patna High Court CR. MISC. No.23759 of 2022(2) dt.22-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor is from the bush developed behind the shop of the petitioner and, moreover, the seizure list is disputed and the same has been supported by police personnel appearing which in violation of provision under Section 100 Cr.P.C. It has further been submitted that petitioner found involved in three (03) cases of similar nature, in which, he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery of illicit liquor is made from the bush developed behind the shop of the petitioner as per seizure list.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Choutham P.S. Case No. 294 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.23759 of 2022(2) dt.22-07-2022 3/3 of the like amount each to the satisfaction of learned Special Judge Excise Judge-1st, Khagaria/concerned court, subject to the following conditions:

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) 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.

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

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