Kishan Pal @ Krishan Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56750 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Kishan Pal @ Krishan Pal S/O Chhidda Pal @ Sha Chinda Resident of Village- Yusufpur, Manauta, P.S.- Muradnagar, District- Gaziyabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the State :

Ms. Gulnar Begum, 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 Durgawati P.S. Case No. 208 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 27.08.2022.

The allegation against the petitioner is to be involved in the illegal trading of illicit liquor, where 2147.760 liters of illiqor liquor was recovered from a DCM truck bearing

Patna High Court CR. MISC. No.56750 of 2022(2) dt.15-11-2022 2/3 Registration no. UP 14 ET 4845.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner involved in the present case only for the reason that he is the owner of the DCM truck, from where the alleged recovery of illicit liquor was made. It is further submitted that, admittedly, recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent. 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 Durgawati P.S. Case No. 208 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 Special Judge, Excise No. IIcum-Additional District Judge-VII, Kaimur at

Patna High Court CR. MISC. No.56750 of 2022(2) dt.15-11-2022 3/3 Bhabua/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