Patna High CourtCR. MISC./7113/2024bail granted

Sagun Paswan v. The State Of Bihar

2024-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7113 of 2024 Arising Out of PS. Case No.-490 Year-2023 Thana- BISFI District- Madhubani ====================================================== Sagun Paswan S/O Late Vasudev Paswan @ Vasudev Paswan R/O VillageBisfidih, Ward No. 5, P.S- Bisfi, Distt.- Madhubani. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bisfi P.S. case No. 490 of 2023 instituted for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that on secret information, the police has recovered 1170 liters wine from pick-up van.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is alleged that 1170 liters wine is recovered from the pick-up Van. The name of the petitioner has transpired in this case as being

Patna High Court CR. MISC. No.7113 of 2024(2) dt.13-02-2024 2/2 owner of the said pick-up van. The said pick-up van was given by the petitioner to his driver for commercial use. The petitioner has got no concerned with the alleged recovery of liquor. The petitioner is in custody since 06.12.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the petitioner having clean antecedent, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Bisfi P.S. case No. 490 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T