Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35178 of 2021 Arising Out of PS. Case No.-418 Year-2020 Thana- DUMRAO District- Buxar ====================================================== RAJ KUMAR PASWAN Son of Bhuvneshwar Paswan @ Bhuvneshwar Ram Resident of Village - Safakhana Road, Mushar Toli, Ward No. 14, Dumraon, P.S.- Dumraon, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Dumraon P.S. Case No. 418 of 2020 (C.I.S. No. 1217 of 2020) registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2018.

A total quantity of 04 liters of country made liquor has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He next submits that during search and seizure, procedures prescribed under the Excise Act as well as under the Cr.P.C. have not been followed.

Patna High Court CR. MISC. No.35178 of 2021(2) dt.04-01-2022 2/2 He next submits that petitioner is in custody since 28/11/2020 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 28-11-2020, charge sheet has already been submitted and there is no likelihood that the trial is going to be completed in near future, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge II- cum- Special Judge Excise, Buxar in connection with Dumraon P.S. Case No. 418 of 2020 (C.I.S. No. 1217 of 2020).

(Anil Kumar Sinha, J) praful/- U T