Patna High CourtCR. MISC./25003/2023allowed

Hari Paswan v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25003 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== HARI PASWAN S/O LATE HANUMAN PASWAN Resident of VillageBarawan, P.S.- Karamchat, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Patel For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a)(d), 36 of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 268 liters of illicit liquor as well as Java mahua from Ibrahimpur forest and the petitioner along with others are said to have fled away from place of occurrece.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has no concern with the

Patna High Court CR. MISC. No.25003 of 2023(4) dt.18-09-2023 2/2 alleged recovery of illicit liquor or with the place of occurrence. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 31.1.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Karamchat P.S. Case No 66 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-II, Excise Kaumar at Bhabhua.

(Sunil Kumar Panwar, J) Amandeep/- U T