Ramesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17213 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Ramesh Paswan, Son of Droraj Paswan, Resident Of Village - Parta, P.S. - Amba, District. - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Kutumba P.S. Case No. 15 of 2023 dated 29.01.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.
3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 54 litres of foreign liquor and the same is stated to have been recovered from the possession of this petitioner but in actual the said recovery has wrongly been shown as being made from the conscious possession of this petitioner, moreover the petitioner has fair and clean antecedent and has been languishing in jail since 29.01.2023. Further submission is that
Patna High Court CR. MISC. No.17213 of 2023(2) dt.09-05-2023 2/2 the alleged wine was not recovered in the presence of independent persons and two police personnel have been made witnesses of the seizure and accordingly there is no independent person of the search and seizure of the alleged wine.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly petitioner's fair and clean antecedent and completion of investigation against him, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Kutumba P.S. Case No. 15 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T