Lalbabu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14880 of 2022 Arising Out of PS. Case No.-273 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Lalbabu Paswan S/O Kailash Paswan R/o village- Dhobghatti Chak-Chameli, P.S.- Sadar Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 273 of 2020 lodged under Section 30(a) of the Bihar Prohbition and Excise Act, 2018. As per the prosecution case, total recovery of 450 liter of wine is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 30.12.2021 having clean antecedent. He further submits that nothing was recovered from his conscious possession. He submits that petitioner was

Patna High Court CR. MISC. No. 14880 of 2022(3) dt.11-11-2022 2/2 not apprehended from the place of occurrence. He also submits that during investigation, it is alleged that the petitioner is the driver of the vehicle but he was not apprehended from the place of occurrence.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1- cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 273 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T