Deepu Paswan @ Dipu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15090 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== DEEPU PASWAN @ DIPU PASWAN Son of Maluka Paswan @ Manuka Paswan R/V- Navtol Sarsopahi East, P.S- Pandaul, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273 and 34 of the Indian Penal Code and 30(a), 36, 38 and 41(i) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 1722.24 liters of illegal foreign liquor from bush near Navtole Kali Temple, Village- Sarishavpahi.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. On the basis of confessional statement of Chowkidar, the name of the petitioner has come into light, which has got no

Patna High Court CR. MISC. No.15090 of 2023(2) dt.28-04-2023 2/2 evidentiary value in the eyes of law. He submitted that the petitioner has no concern with the seized liquor as well as with the place of occurrence. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 01.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 165 of 2022.

(Sunil Kumar Panwar, J) arish/- U T