Patna High CourtCR. MISC./25098/2021bail granted

Lakhinder Paswan v. The State Of Bihar

2021-09-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25098 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== LAKHINDER PASWAN S/o- Late Baleshwar Paswan Resident of VillageChandaur, P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-09-2021 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, a secret information was received by the informant that five named accused persons had stored liquor behind the house of the petitioner with the intention of sale. It is stated that on a raid being conducted, the petitioner and one another accused were arrested and on search 137.625 litres of IMFL was recovered from behind the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person

Patna High Court CR. MISC. No.25098 of 2021(2) dt.23-09-2021 2/2 or house. The alleged place of recovery is an open area behind the house of the petitioner. The petitioner has no concern with the seized liquor. He has no criminal antecedent and is in custody since 8.8.2020.

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

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Bhagwanpur P.S. Case no. 171 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai. (Partha Sarthy, J) Bibhash U