Surya Shekhar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36789 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== SURYA SHEKHAR PASWAN S/o Late Lakhan Paswan Resident of VillageTilrath, P.S.- Barouni, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard Mr. Durgesh Nandan, learned counsel for the petitioner and Mr. Surendra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Excise Comp. Case No. 105/2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The tempo in which the petitioner was sitting, was intercepted by the Excise Officials and a total quantity of 125.4 litres of illicit liquor was recovered from the same. Learned counsel for the petitioner submits that the petitioner is not the owner of the tempo from which the illicit liquor has been recovered and he was travelling in the tempo as
Patna High Court CR. MISC. No.36789 of 2021(2) dt.07-01-2022 2/2 a passenger and was not aware about the illicit liquor being kept therein. He next submits that the petitioner is in custody since 8.12.2020 having no criminal antecedent.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is not the owner of the tempo, he is in custody since 8.12.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II - cum - Special Judge, Banka, in connection with Excise Comp. Case No. 105 of 2020.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T