Govind Paswan @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36570 of 2022 Arising Out of PS. Case No.-410 Year-2021 Thana- MOKAMAH District- Patna ====================================================== Govind Paswan @ Govind Kumar Son Of Keshav Paswan Resident of Coal Siding, Ward No. 28, P.S.- Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-09-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Mokama P.S.Case No. 410 of 2021 for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act 2018.

It is alleged that 72 liters illicit country made liquor and 12 liters Mashoor Deshi liquor was recovered from the field of Satish Singh. On interrogation, he disclosed the name of other co-accused persons including the petitioner. The name of the petitioner found indulged in

2/4 the business of illicit liquor.

It is submitted by the learned counsel for the petitioner that the alleged recovery has been made from the field of one Satish Singh and the petitioner has neither any concern with the place nor with the illicit liquor. He also submits that petitioner was not apprehended at the spot and only on account of one past criminal antecedent, his name has been implicated in this case, though the petitioner is on bail in earlier case. He next submits that there is other infirmities in the preparation of seizure list, apart from the fact that there is no compliance of section 100 of the Code or Criminal Procedure. He lastly submits that petitioner is in custody since 09.06.2022 and the investigation of the crime is already completed and charge sheet has been submitted.

On the other hand, learned counsel for the State opposed the bail application of the petitioner.

3/4 is no material showing the complicity of the petitioner and is in custody since 09.06.2022, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-III Barh, Patna in connection with Mokama P.S.Case No. 410 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/-

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