Patna High Court
CR. MISC./65634/2022 of CHANDAN PASWAN Vs The State of Bihar on 24 December 2022
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65634 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== Chandan Paswan Son of Vinod Paswan Resident of Village- Biraul, Ward No.-1, Datuar, P.S.-
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24-12-2022
IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.65634 of 2022
Arising Out of PS. Case No.-109 Year-2022 Thana- KHAJAULI District- Madhubani ======================================================
Chandan Paswan Son of Vinod Paswan Resident of Village- Biraul, WardNo.-1, Datuar, P.S.- Khajauli, District- Madhubani ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
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 periodof four weeks from today.
The petitioner seeks bail in connection with KhajauliP.S. Case No. 109 of 2022 registered for the offence underSections 272, 273, 414 and 34 of the Indian Penal Code (I.P.C.)and under Section 30(a) of the Bihar Prohibition and Excise Act,2018.
The accused/petitioner is named in the F.I.R. and is incustody since 23.06.2022.
The allegation against the petitioner is to be engagedin illegal trading/manufacturing of illicit liquor, where, there is recovery of 108 litres of IMFL/country made liquor from thealleged motorcycle.
Learned counsel appearing on behalf of the petitionersubmitted that the alleged recovery of illicit liquor was madefrom a road, which is an open place and accessible by generalpublic, not from conscious physical possession of this petitioner,who is a man of clean antecedent. While concluding theargument, it has been submitted that investigation has beencompleted, 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.
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Considering the facts and circumstances as mentionedabove, as recovery of alleged illicit liquor appears to be madefrom an open place coupled with the fact that charge-sheet hasalready been submitted, let the petitioner, above named, isdirected to be released on bail in connection with Khajauli P.S.Case No. 109 of 2022 on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amounteach to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani/concerned court,subject to the conditions as mentioned under Section 437 (3) ofthe Cr.P.C. with further condition:
pooja/-
UT
“Accused/Petitionershall
cooperate in the trial and shall be physicallypresent on each and every date before theTrial Court till conclusion of the trial andexemption from physical appearance beallowed by the Trial Court, only on medicalground of the petitioner duly supported bythe documents.”
(Chandra Shekhar Jha, J)
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