Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19853 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== SUNIL PASWAN Son of Sitabi Paswan Resident of Village - Gopalpur, P.S.- Chanan, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Chanan P.S. Case No. 22 of 2022, dated 13.02.2022 registered for the offences punishable under Sections 30(a),(b),(c) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 125 litres of illicit country-made wine and the same is stated to have been recovered from bushes near a river and as per prosecution 4000 litres of fermented Jawa Mahua was also found at the place of recovery which was destroyed but the petitioner was not apprehended at the spot and his name was disclosed by the local chowkidar and villagers and petitioner has been made

Patna High Court CR. MISC. No.19853 of 2023(2) dt.10-05-2023 2/2 accused merely on suspicion and false information and the alleged wine was not recovered from his conscious and physical possession. Further submissions are that the petitioner has been languishing in jail since 01.02.2023 and against him the investigation has been completed, though against the petitioner there are criminal antecedents of three cases but he has got bail in two cases out of the said antecedent cases.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly completion of investigation against the petitioner and also the fact that at the alleged place of recovery of wine, petitioner was not apprehended and the place of recovery is stated to be an open place, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Chanan P.S. Case No. 22 of 2022.

(Shailendra Singh, J.) maynaz/- U T