Patna High CourtCR. MISC./14860/2024bail granted

Upendra Kumar Paswan @ Opindar Paswan v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14860 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Upendra Kumar Paswan @ Opindar Paswan S/O Bisheshwar Paswan @ Bishveshwar Paswan R/O Vill Yogiya Ps Ladaniya Dist Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 05 of 2024, corresponding to G.R. No. 07 of 2024 instituted for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 108 litres of liquor was recovered from a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.14860 of 2024(2) dt.04-03-2024 2/2 that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 03.01.2024 and has two criminal antecedents. There is no compliance of Section 100 of the 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaynagar P.S. Case No. 05 of 2024, corresponding to G.R. No. 07 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T