Bhutali Paswan @ Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44168 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== Bhutali Paswan @ Krishna Paswan Son of Late Sudeshwar Paswan @ Sideshwar Paswan @ Sadeshwar Paswan Resident of village- Simra, P.Sparsa Bazar, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Paswan, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-09-2022 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.

At the outset, learned counsel for the petitioner submitted that, at page no.6 of the bail petition, in the prayer portion, inadvertently, police station case number has been wrongly typed as 'Parsa Bazar P.S. Case No. 335 of 2021' instead of 'Parsa Bazar P.S. Case No. 330 of 2021'. Accordingly, learned counsel for the petitioner is permitted to make necessary correction, during the course of the day itself.

The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 330 of 2021 registered for the offence

Patna High Court CR. MISC. No.44168 of 2022(2) dt.07-09-2022 2/3 under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 06.05.2022.

The allegation against the petitioner is to have in possession of 10 liters of Mahua wine.

Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from the cow shed, which is accessible by general public, 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.

In view of 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 Parsa Bazar P.S. Case No. 330 of 2021 on

Patna High Court CR. MISC. No.44168 of 2022(2) dt.07-09-2022 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, Patna/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T