Dadan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51517 of 2022 Arising Out of PS. Case No.-149 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Dadan Singh Son of Arjun Singh Resident of Village - Dhaudanr, Police Station - Sasaram (M), District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-10-2022 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 Sasaram Muffsil P.S. Case No. 149 of 2019 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 01.10.2021.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 13230 litres of illicit IMFL/country made

Patna High Court CR. MISC. No.51517 of 2022(2) dt.12-10-2022 2/3 liquor.

Learned counsel appearing on behalf of the petitioner submitted that name of petitioner surfaced on the basis of secret input, where nothing incriminating material recovered from physical possession of this petitioner. It is further submitted that nothing surfaced during the course of investigation which may connect, prima facie, this petitioner with alleged recovery of illicit liquor and moreover, petitioner is not even connected with alleged vehicle. It is also pointed out that seizure list appears disputed being not supported by independent witnesses, rather by Bihar home guard personnels. While concluding the argument, it has been submitted that investigation of this case has been completed, 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 no illicit liquor recovered from conscious physical possession of this petitioner coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sasaram Muffsil P.S. Case No. 149 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.51517 of 2022(2) dt.12-10-2022 3/3 amount each to the satisfaction of learned Exclusive Special Excise Court no. 2 cum Additional District and Sessions Judge, Rohtas at Sasaram/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T