Santan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12585 of 2022 Arising Out of PS. Case No.-26 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== SANTAN PASWAN Son of Late Munni Paswan Resident of Village - Baghi, P.s.- Nabinagar, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 540 liters of country made liquor has been recovered from a magic vehicle and it is alleged that the same was to be delivered to this petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the vehicle in question. Petitioner is in custody since 18.01.2022. Investigation is complete. Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.12585 of 2022(2) dt.09-05-2022 2/2 prayer for bail. He submits that the petitioner has got identical criminal antecedent.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T