Indal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19324 of 2020 Arising Out of PS. Case No.-136 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== INDAL PASWAN S/o Dahau Paswan @ Dahaur Paswan Resident of VillageJhapahan Dih, P.S.- Ahiyapur, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

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

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 136 of 2020, registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 36 of the Bihar Prohibition & Excise Act.

The allegation is regarding recovery of 72 liters of illicit liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.19324 of 2020(2) dt.05-06-2020 2/3 the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 19.2.2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and he is languishing in custody since 19.2.2020, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 136 of 2020.

It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 136 of 2020, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically.

Patna High Court CR. MISC. No.19324 of 2020(2) dt.05-06-2020 3/3 The present petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U T