Shani Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22089 of 2021 Arising Out of PS. Case No.-369 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== SHANI PASWAN Son of Nandlal Paswan @ Nandan Paswan Resident of Village - Basantpur, P.s.- Kundwa Chainpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Asif Kalim, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-09-2021 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, the petitioner was taken into custody and on search of his vehicle i.e Tata Magic it is stated that a total of 261 litres of liquor was recovered. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case. He has no concern either with the seized liquor nor with the Tata Magic vehicle from which the liquor is said to have

Patna High Court CR. MISC. No.22089 of 2021(2) dt.15-09-2021 2/2 been recovered. The petitioner has no criminal antecedent and is in custody since 22.10.2020. Charge sheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Excise Case no. 369 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 Special Judge, Excise Act, East Champaran, Motihari.

(Partha Sarthy, J) Bibhash U