Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72484 of 2021 Arising Out of PS. Case No.-160 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== Pappu Paswan S/o Late Padarath Paswan @ Ram Padarath Paswan Resident of Village - Dhami Tola, P.S. - Parihar, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Parihar P.S. Case No. 160 of 2019 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 16.09.2021.

The allegation against the petitioner is to involve in the illegal trading of illicit liquor, where 156 liters of illicit Nepali Saufi wine was recovered from a hut.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.72484 of 2021(3) dt.29-07-2022 2/3 submitted that recovery was made from a hut, which does not belongs to the petitioner and nothing surfaced during the course of investigation, which may connect the petitioner with the alleged recovery of illicit liquor, as such, it cannot be said that recovery of illicit liquor was from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, 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, while opposing the prayer of bail, fairly conceded that this is not a case of recovery of illicit liquor from the physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as recovery cannot be said from the conscious physical possession of the petitioner, who is a man of clean antecedent 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 Parihar P.S. Case No. 160 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.72484 of 2021(3) dt.29-07-2022 3/3 satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi/concerned Court, subject to the following conditions:

"(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Anupiya Devi, who is the mother of the petitioner and deponent of the present bail petition."

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