Sajan Paswan @ Sajan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7166 of 2022 Arising Out of PS. Case No.-394 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SAJAN PASWAN @ SAJAN KUMAR PASWAN S/o Binod Paswan @ Vinod Kumar Paswan R/o Village- Bishanpur, P.S.- Samastipur Mufassil, Dist- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Samastipur Mufassil PS case no. 394 of 2020 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 440 liters of illicit liquor from the house of co-accused person namely Ajay Paswan. It is alleged that when the co-accused persons were apprehended and interrogated, they had disclosed that the illicit liquor was kept in their house by the petitioner and one other co-accused person.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.7166 of 2022(2) dt.09-06-2022 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 02.12.2021. The learned counsel for the petitioner has further submitted that admittedly, neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the house from where the illicit liquor has been recovered belongs to the petitioner, hence the petitioner does not have any complicity in the matter. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the house from where the illicit liquor has been recovered belongs to the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Excise Court-1,

Patna High Court CR. MISC. No.7166 of 2022(2) dt.09-06-2022 3/3 Samastipur in connection with Samastipur Mufassil PS case no. 394 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T