Patna High CourtCR. MISC./32515/2024bail granted

Sanjay Paswan v. The State Of Bihar

2024-05-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32515 of 2024 Arising Out of PS. Case No.-65 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Sanjay Paswan Son of Lakhichandra Paswan Resident of Village- Aasinpur, Dhurlak, P.S.- Samastipur Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. Case No. 65 of 2019, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 0.735 ml liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.32515 of 2024(2) dt.01-05-2024 2/3 submitted that the alleged recovery has been made from the house of the petitioner which is under construction and is accessible to everyone. The recovery has been made in absence of the petitioner or any of his family members. The petitioner is in custody since 29.02.2024 and has got three criminal antecedents in which the petitioner is on bail in one case. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 65 of 2019, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.32515 of 2024(2) dt.01-05-2024 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T