Pawan Kumar Jha @ Pawan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49310 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- NIRMALI District- Supaul ====================================================== PAWAN KUMAR JHA @ PAWAN JHA Son of Bhola Jha Resident of Village - Majhari, P.S.- Nirmali, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-09-2022 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 Nirmali P.S. Case No. 01 of 2022 registered for the offence 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 18.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 3524.58 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that admittedly, recovery of illicit liquor was made

Patna High Court CR. MISC. No.49310 of 2022(2) dt.27-09-2022 2/2 from house of the co-accused persons and, as petitioner was found running from the place of occurrence, he was implicated falsely. Petitioner is a man of clean antecedent and moreover, it is submitted that investigation of this case is complete, where charge-sheet 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 admittedly, recovery of illicit liquor has not been made from the conscious physical possession of the petitioner 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 Nirmali P.S. Case No. 01 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 learned Incharge Special Judge Excise, Court No.2, Supaul/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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