Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49407 of 2022 Arising Out of PS. Case No.-144 Year-2020 Thana- SIGAUDI District- Patna ====================================================== Pawan Kumar Son of Naresh Yadav R/V- Sohra, P.S- Sigori, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the State :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2022 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 Sigori P.S. Case No. 144 of 2020 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act 2018. The accused/petitioner is named in the F.I.R. and is in custody since 26.10.2021.

The allegation against the petitioner is to be involved in the manufacturing of illicit liquor, where 80 liters of country

Patna High Court CR. MISC. No.49407 of 2022(2) dt.15-11-2022 2/3 made liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Dharmendra Kumar and, admittedly, this is not a case of recovery of illicit liquor from the conscious physical possession of the petitioner, rather same was recovered from open place. It is submitted that name of the petitioner involved in the present case only for the reason that he has five criminal antecedent, in which name of the petitioner surfaced mostly on the basis of confessional statement, as of the present case. 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 not appears 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 Sigori P.S. Case No. 144 of 2020 on furnishing bail bond of

Patna High Court CR. MISC. No.49407 of 2022(2) dt.15-11-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Danapur, 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