Karu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32977 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== 1.

KARU PASWAN Son of Ramchandra Paswan Resident of Village - Bari Pahari, Mansur Nagar, P.s.- Sohsarai, Distt.- Nalanda,. 2.

Surendar Paswan @ Shailendra @ C.M.G. @ Singh Jee Son of Late Baleshwer Paswan Resident of Village - Bari Pahari, Mansur Nagar, P.s.- Sohsarai, Distt.- Nalanda,. Permanent Address - Alipur, P.s.- Bind , Distt.- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra,Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 Heard learned counsel appearing on behalf of the petitioners 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 petitioners seek bail in connection with Sohsarai P.S. Case No. 25 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioners are named in the F.I.R. petitioner no.1 is in custody 18.01.2022 and petitioner no. 1 is in

Patna High Court CR. MISC. No.32977 of 2022(2) dt.12-08-2022 2/3 custody since 25.01.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 282 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioners surfaced on the basis of confessional statement of co-accused namely, Karu Paswan leading no recovery of illicit liquor from the conscious physical possession of the petitioners. It has been submitted that investigation is complete, where charge-sheet has been submitted.

Learned APP, while opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor 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 Sohsarai P.S. Case No. 25 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 the learned court of Exclusive Special Judge, Excise Court-1, Biharshariff, Nalanda/concerned court, subject to the conditions

Patna High Court CR. MISC. No.32977 of 2022(2) dt.12-08-2022 3/3 as mentioned under Section 437(3) of Cr.P.C.

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