Sadhu Paswan @ Ramanand Paswan @ Ramanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19044 of 2021 Arising Out of PS. Case No.-272 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== SADHU PASWAN @ RAMANAND PASWAN @ RAMANAND KUMAR Son of Late Baleshwar Paswan @ Bhola Resident of Village- Murli Hill Bairagi, P.S.- Kotwali, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Balmukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 20 litres of liquor was recovered from the vehicle and accused Sunil Paswan was taken into custody. It is stated that the said Sunil Paswan disclosed that the liquor belonged to the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession nor was he arrested at the spot. The only material against him is the statement of a co-accused made

Patna High Court CR. MISC. No.19044 of 2021(2) dt.02-09-2021 2/2 before police. The cause of his false implication is his antecedent under the Excise Act. He is in custody since 10.12.2020. Investigation in the case has concluded. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having remained in custody for over 8 months, the Court directs the petitioner to be enlarged on bail in connection with Kotwali P.S. Case no.272 of 2020 read with CIS no.933 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge of Excise Act, Gaya.

(Partha Sarthy, J) Saurabh/- U T