Pawitra Singh @ Pabitra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46627 of 2022 Arising Out of PS. Case No.-556 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== PAWITRA SINGH @ PABITRA SINGH Son of Subal Singh @ Subal Singha R/V- Kumartuli, Badharugaon, Madati, P.S- Bidhan Nagar, Dist- Darjilling (W.B) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-09-2022 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 Narpatganj P.S. Case No. 556 of 2020 registered for the offence under Sections 30(a), 41 and 47 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 be engaged in illegal trading/manufacturing of illicit liquor, where, there

Patna High Court CR. MISC. No.46627 of 2022(2) dt.14-09-2022 2/3 was recovery of 643.67 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in the present case, only for the reason that his mobile was found in Scorpio, which was alleged to be act as a liner for smooth passing of another vehicle carrying illicit liquor. It is submitted that, admittedly, this is not a case of recovery of illicit liquor from conscious physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tempering 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 Narpatganj P.S. Case No. 556 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I,

Patna High Court CR. MISC. No.46627 of 2022(2) dt.14-09-2022 3/3 Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T