Paro Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64064 of 2022 Arising Out of PS. Case No.-356 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Paro Ram Son of Bhuna Ram Resident of Village- Bikkam, P.S.- Lakhisarai(Amhara), District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajnish Chandra, Advocate For the State :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No.356 of 2022 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 22.07.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there was recovery of 50 litres of illicit IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.64064 of 2022(2) dt.09-12-2022 2/3 submitted that the name of petitioner surfaced on the basis of input provided by local chowkidars, purely on the basis of suspicion and admittedly, recovery of illicit liquor not appears to be made from conscious physical possession of the petitioner. It is further submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. It is also pointed out as petitioner is involved in 4 more cases of similar nature, where he is on bail. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as recovery of alleged illicit liquor not appears to be made from conscious physical possession of the petitioner coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Lakhisarai P.S. Case No.356 of 2022 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 District and Sessions Judge-IV-cum-Special

Patna High Court CR. MISC. No.64064 of 2022(2) dt.09-12-2022 3/3 Judge I, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T