Mohan Paswan @ Moni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27407 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Mohan Paswan @ Moni Son of Late Dinesh Paswan, Resident of VillagePanjiyar Toli, P.S.-Rosera, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect, if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Rosera P.S. Case No. 78 of 2023 dated 30.01.2023 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2022. As per the prosecution, total 9.750 liter of wine has been recovered from the house of the petitioner. Learned counsel for the petitioner submits that there is one criminal case pending against the petitioner in which he is on bail and he is in custody since 31.01.2023. Learned counsel for the State opposes the prayer for bail and submits that the said recovery has not been made in

Patna High Court CR. MISC. No.27407 of 2023(2) dt.06-06-2023 2/2 individual capacity. From the allegation made in the F.I.R. it transpires that petitioner is seller of the wine. Upon specific query from the counsel for the petitioner that whether charge has been framed in this case or not, counsel fairly submits that as per his knowledge charge has not been framed.

In this view of the matter, I am not inclined to grant bail to the petitioner. Therefore, bail petition of the petitioner is hereby rejected.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge and trial Court is directed to release him on bail imposing its own condition so that he may not evade his appearance during trial. (Dr. Anshuman, J.) ravishankar/- U T