Bijali Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39615 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Bijali Paswan Son of Sita Ram Paswan Resident of village - Dharampur, P.S.- Meenapur, District - Muzaffarpur, State - Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Minapur P.S. Case No. 85 of 2022 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code, Section 30(a) of the Bihar Prohibition and Excise Act and Sections 20 and 22 of the N.D.P.S. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 02.06.2022.

The allegation against the petitioner is to involve in

Patna High Court CR. MISC. No.39615 of 2022(2) dt.20-08-2022 2/3 the illegal business of illicit liquor, where 30 liters spirit was recovered from bank of river.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure made by apprehended persons, namely, Md. Shamshad Shah and Avinash Kumar in furtherance thereof nothing surfaced/recovered during the course of investigation, which may connect the petitioner with the alleged recovery of illicit liquor. It is submitted that recovery was made from an open place, as such, it cannot be said to be recovered from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor cannot be said to be made from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Minapur P.S. Case No. 85 of 2022 on

Patna High Court CR. MISC. No.39615 of 2022(2) dt.20-08-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Court No.1, Muzaffarpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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