Bechan Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42054 of 2021 Arising Out of PS. Case No.-297 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== BECHAN PAL Son of Sukhanand Pal Village - Shion, P.S.- Bhabua, Distt.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Sahay, Adv.

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2022 Heard Mr. Ravi Shankar Sahay, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Bhabhua PS Case No. 297/2021 registered for the offence punishable under Sections 30(a)(c) of Bihar Prohibition & Excise Act 2016.

The police got secret information that petitioner is indulged in manufacture and sale of illicit liquor proceeded towards the place of occurrence and upon seeing the police party the accused person standing there fled away, however, local Chowkidar identified him as petitioner. Upon search, the police recovered 13 litres of illicit country made Mahua liquor

Patna High Court CR. MISC. No.42054 of 2021(2) dt.31-01-2022 2/3 and fermented Mahua from a ditch near bank of the river. The police also recovered some apparatus and other materials used for manufacturing of illicit liquor.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information and disclosure of his name by the Chowkidar. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him and the apparatus and other materials have been recovered from the ditch near bank of the river which is a public place accessible to all and sundry. Learned counsel for the petitioner further submits that petitioner is in custody since 18.06.2021 and the charge-sheet, in the matter, has been submitted.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 18.06.2021, charge-sheet, in the matter, has been submitted, trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, BECHAN PAL be released on bail on furnishing bail bond of Rs. 25,000/-

Patna High Court CR. MISC. No.42054 of 2021(2) dt.31-01-2022 3/3 (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge, Kaimur at Bhabhua in connection with Bhabhua PS Case No. 297/2021.

(Anil Kumar Sinha, J) perwez U T