Patna High CourtCR. MISC./14615/2024bail granted

Govind Paswan v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14615 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Govind Paswan S/o Late Shambhu Paswan R/o Village- Kavlen Pandey Ke Tola, Kharika, P.S.- Rewati, District- Ballia, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise (Dumaron) P.S. Case No. 02 of 2024 instituted for the offences under Section 30(a) of the Bihar Excise (Amendment) Act, 2018.

3. As per prosecution case, the police in course of routine patrolling has recovered total 26 liter illegal country made liquor (Chulai) from the Hero Honda Splendor Motorcycle bearing Reg. No. UP-60AQ-3254.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.14615 of 2024(2) dt.04-03-2024 2/3 alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the alleged motorcycle. The petitioner has no concern with the seized liquor. There is no specific allegation against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 08.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the quantity of liquor recovered, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.14615 of 2024(2) dt.04-03-2024 3/3 below/concerned Court in connection with Excise (Dumaron) P.S. Case No. 02 of 2024.

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