Patna High CourtCR. MISC./35493/2021bail granted

Bijli Paswan v. The State Of Bihar

2021-12-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35493 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Bijli Paswan Son Of Sita Ram Paswan R/O Village- Dharpur, P.S.- Minapur, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Punam Shrivastava, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Minapur (Muzaffarpur) P.S. Case No. 87 of 2020 dated 11.03.2020 instituted for the offences under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.02.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that from

Patna High Court CR. MISC. No.35493 of 2021(2) dt.03-12-2021 2/2 bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that total 36 litres liquor was recovered from the field which is alleged to be owned by the petitioner.

Learned counsel for the petitioner submits that the petitioner is not the owner of the land from where the alleged recovery has been made and has been falsely implicated in this case on mere suspicion.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.02.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur in connection with Minapur (Muzaffarpur) P.S. Case No. 87 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) RishiU T