Arun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45093 of 2022 Arising Out of PS. Case No.-372 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Arun Paswan, Son of Visheshwar @ Visheshwar Paswan, R/v- Kanti, ward no. 7, P.S- Kanti, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-10-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Yugal Kishore, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail, who is in custody in connection with Kanti P.S. Case No. 372 of 2022 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016-18.

Allegation against the petitioner is to be engaged in distribution of illicit liquor, the police apprehended two persons, namely, Ashutosh Kumar and Pramod Kumar and on search total 45.525 litres of illicit Indian made foreign liquor was recovered. The apprehended persons disclosed the name of their associates, including the petitioner.

Patna High Court CR. MISC. No.45093 of 2022(2) dt.14-10-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that admittedly the alleged recovery has been made from the co-accused persons and save and except the disclosure made by the apprehended persons, there is no material against the petitioner. He further submits that the petitioner was neither apprehended at the spot nor any incriminating material has been recovered from his conscious or constructive possession and he is in custody since 25.06.2022, having fair antecedent. On the other hand learned APP for the State opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner was neither apprehended at the spot nor any incriminating material has been recovered from his conscious or constructive possession and save and except the disclosure made by the apprehended persons, there is no material against him and now the investigation of the crime is already complete and chargesheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds 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.-II, Muzaffarpur in connection with Kanti P.S. Case No. 372 of

Patna High Court CR. MISC. No.45093 of 2022(2) dt.14-10-2022 3/3 2022, 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 physically 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) uday/- U T