Hari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26649 of 2021 Arising Out of PS. Case No.-344 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== HARI PASWAN Son of Late Puran Paswan Resident of Village - Dholi, P.S.- Sakra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2021 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 sections 30(a) (g), 33 and 34 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 140 litres of spirit was recovered from the hut of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Neither the petitioner has any concern with the hut in question nor with the seized spirit. He was not arrested at the spot. He is in custody since 21.10.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.26649 of 2021(2) dt.26-11-2021 2/2 taking into consideration the facts of the case especially the petitioner not having any criminal antecedent and having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Sakra P.S. Case no.344 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 Special Judge, Excise, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T