Shatrudhan @ Shatrudhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38388 of 2022 Arising Out of PS. Case No.-241 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== SHATRUDHAN @ SHATRUDHAN PASWAN Son of Late Parikha Paswan Resident of village- Charaiya, P.s- Madanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Madanpur P.S. Case No. 241 of 2022 registered for the offence under Sections 30(a)/30(b)/30(c)/33of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 23.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 25 litres of IMFL/country made liquor from the front of the house of the co-accused.

Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from the front of the house of co-accused Sudhir Kumar. It is further submitted that the name of petitioner surfaced on the

Patna High Court CR. MISC. No.38388 of 2022(2) dt.20-08-2022 2/2 basis of disclosure made by said co-accused Sudhir Kumar, in furtherance of which nothing incriminating surfaced during the course of investigation. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent 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 Madanpur P.S. Case No. 241 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 Special Judge Excise -1, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437

(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T