Patna High CourtCR. MISC./11356/2024bail granted

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

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11356 of 2024 Arising Out of PS. Case No.-69 Year-2023 Thana- RAIYAM District- Darbhanga ====================================================== Amit Kumar Paswan @ Amit Paswan S/O Late Bisheshwar Paswan R/O Village- Babu Salimpur, P.S- Raiyam, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Raiyam P.S. Case No. 69 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 300 liters liquor was recovered from house of the petitioner and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. The house of the petitioner is joint house of the family. No incriminating

Patna High Court CR. MISC. No.11356 of 2024(2) dt.23-02-2024 2/2 article has been recovered from the possession of the petitioner The petitioner is in custody since 01.12.2023 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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 and the period of custody undergone by the petitioner, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raiyam P.S. Case No. 69 of 2023.

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