Lal Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33184 of 2022 Arising Out of PS. Case No.-671 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

LAL BABU PASWAN SON OF SONE LAL PASWAN RESIDENT OF VILLAGEMAHMADPUR, P.S.- AHIYAPUR, DISTRICTMUZAFFARPUR.

2.

RAUSHAN KUMAR SON OF LAL BABU PASWAN RESIDENT OF VILLAGEMAHMADPUR, P.S.- AHIYAPUR, DISTRICTMUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur,Advocate For the Opposite Party/s :

Mr.Sucheta Yadav,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 seeks bail in connection with Ahiyapur P.S. Case No. 671 of 2021 registered for the offence Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2018.

Patna High Court CR. MISC. No.33184 of 2022(2) dt.12-08-2022 2/3 The accused/petitioner is named in the F.I.R. and is in custody since 01.04.2022.

The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 173.400 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioners submitted that recovery was made from the house of petitioner, which is jointly occupied. It is submitted that petitioner is a man of clean antecedent. It has further submitted that investigation is complete, where chargesheet has been submitted. Learned APP, 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 petitioners, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ahiyapur P.S. Case No. 671 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special, Excise Court No.-1, Muzaffarpur/concerned court, subject to the

Patna High Court CR. MISC. No.33184 of 2022(2) dt.12-08-2022 3/3 conditions as mentioned under Section 437(3) of Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- Ravishankar/- U T