Chhedi Paswan @ Fulbabu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64862 of 2022 Arising Out of PS. Case No.-122 Year-2021 Thana- WARISNAGAR District- Samastipur ====================================================== Chhedi Paswan @ Fulbabu Paswan S/O Sakhichand Paswan Resident of Village- Ilmasnagar, (Durgasthan), P.S.- Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-12-2022 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 WArisnagar P.S. Case No. 122 of 2021 registered for the offence under Sections 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 22.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 52.500 litres of IMFL/country made liquor from the alleged tempo.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.64862 of 2022(2) dt.09-12-2022 2/2 submitted that the alleged recovery was made from the auto, which is accessible by general public, where the name of petitioner surfaced on the basis of apprehended co-accused person, namely, Rajnish Kumar and admittedly, there is no recovery of illicit liquor from the conscious physical possession of this petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, 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 recovery of alleged illicit liquor not appears to be made from the conscious physical possession of this petitioner 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 Warisnagar P.S. Case No. 122 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 District Judge-II-cum-Special Judge, Excise Act, Samastipur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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