Patna High CourtCR. MISC./10931/2024bail granted

Sunil Paswan v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10931 of 2024 Arising Out of PS. Case No.-412 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Sunil Paswan S/O Late Ganga Visnu Paswan Village- Pawat, Ps. Ara Muffasil, Dist. Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ara Muffasil P.S. Case No. 412 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered 130 liter country-made Mahuwa wine from the bike bearing registration no. BR1AB-6101 which was being carried by the petitioner and the co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has no concern with the seized article. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.10931 of 2024(2) dt.22-02-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner is not the owner of the alleged recovered bike. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 22.09.2023.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Ara Muffasil P.S. Case No. 412 of 2023 .

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