Bishun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66106 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== BISHUN PASWAN Son of Horil Paswan @ Horil Bhagat Resident of Village- Saidpur Ganesh, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-09-2022 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 Gangabridge P.S. Case No. 155 of 2021 registered for the offence under Sections 467, 468, 471, 420, 120B and 34 of the Indian Penal Code and Section 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 20.07.2021.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 4290 litres of illicit IMFL.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.66106 of 2021(3) dt.29-09-2022 2/2 submitted that petitioner was engaged as a labour to unload alleged truck, having no knowledge about consignment of illicit liquor. It is further submitted that petitioner is a man of clean antecedent. While concluding the argument, it is categorically submitted that investigation of this case has been completed, for which, chargesheet has already 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 recovery of illicit liquor appears to be made from the conscious physical possession of the petitioner, who is man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gangabridge P.S. Case No. 155 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Act, Vaishali / concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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