Anil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10232 of 2023 Arising Out of PS. Case No.-415 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Anil Paswan S/O Late Jagat Paswan R/O Village- Harishankarpur Baghauni, P.S.- Tajpur, Distt- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Tajpur P.S. Case No. 415 of 2022 registered under sections 30(a), 41(i) and 41(ii) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 104.25 liters of country made liquor from the house of the co-accused Arbind Manjhi. Further on interrogation by the police, he disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner came in the F.I.R. on the basis of disclosure made by the

Patna High Court CR. MISC. No.10232 of 2023(2) dt.18-04-2023 2/2 apprehended co-accused person before the police. Neither the petitioner was apprehended on spot nor any incriminating liquor has been recovered from his conscious possession. He has no concern with the seized liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tajpur P.S. Case No. 415 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 the learned Special Excise Court-2, Samastipur.

(Sunil Kumar Panwar, J) shubham/- U T