Birendar Paswan @ Birender Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8381 of 2022 Arising Out of PS. Case No.-399 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Birendar Paswan @ Birender Paswan S/O Jageshwar Paswan R/O Vill.- Lakhan Saira Basudeo Bisunpur, P.S. Lalganj, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Vaishali P.S. Case No. 399 of 2021, registered for the offence punishable punishable under Sections 420, 467, 468, 471, 120(B), 272 and 273 of the Indian Penal Code and section 30(a), 32(II), 36 and 41(I) of the Bihar Prohibition and Excise Act, 2016.
3984.390 litres of foreign liquor has been recovered from a truck and a pick-up van and this petitioner was apprehended on the place of recovery.
It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither owner nor driver of vehicles in question and has got no concern with the seized liquor. Petitioner is in custody since 14.10.2021
Patna High Court CR. MISC. No.8381 of 2022(2) dt.11-04-2022 2/2 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.
Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Act, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 399 of 2021.
(Prabhat Kumar Singh, J) vinita/- U T