Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15008 of 2024 Arising Out of PS. Case No.-2486 Year-2023 Thana- Excise P.S. District- Purnia ====================================================== Chandan Paswan, aged about 25 years, Male Son of Pulanand Paswan, Resident of Mohalla -Rahika Tola Ward No. 06 Police Station- K. Hat District -Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Singh, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise PS Case No. 2486 of 2023 instituted for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2016.

3. As per the prosecution case, total 49.485 liters of illicit foreign liquor has been recovered from a tempo and the petitioner is the driver of the said vehicle.

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

Patna High Court CR. MISC. No.15008 of 2024(2) dt.06-03-2024 2/3 falsely been implicated in this case. He further submits that the petitioner is the driver of the said vehicle and he has no knowledge about the same. Petitioner has got clean antecedent and is in custody since 04.12.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary, seizure list and the impugned order of the learned Exclusive Special Judge (Excise-02), Purnea dated 19.01.2024, it appears that recovery is from a tempo and the petitioner has no concern with the seized vehicle, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise-02), Purnea in connection with Excise PS Case No. 2486 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.15008 of 2024(2) dt.06-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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