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Patna High CourtCR. MISC./9304/2024bail granted

Shiv Chandra Paswan v. The State Of Bihar

2024-04-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9304 of 2024 Arising Out of PS. Case No.-394 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Shiv Chandra Paswan Son of Late Panchu Paswan R/o Mohalla - Pokharia Pir Ambedkarnagar Satpura, P.s. - Kazi Mohammadpur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Advocate For the State :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kazi Mohammadpur P.S. Case No. 394 of 2023 registered for the offence punishable under Sections 326, 328 and 304 of the Indian Penal Code and Section 34 of the Bihar Prohibition and Excise Act, 2022.

3. The petitioner is alleged to be a toddy seller and the informant has lost his eye sight after having toddy from the shop of the petitioner. The petitioner is in jail since 25.09.2023.

4. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

5. Considering the nature of allegation and the period

Patna High Court CR. MISC. No.9304 of 2024(3) dt.16-04-2024 2/2 of custody, this application is allowed.

6. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court Excise-1, Muzaffarpur /concerned Court in connection with Kazi Mohammadpur P.S. Case No. 394 of 2023, subject to the condition that he will co-operate in the trial.

7. At the time of furnishing bail bond, the petitioner will give an undertaking that he will not involve himself in the business of selling toddy/ illicit liquor in future. (Sandeep Kumar, J) P. Kumar U T