Indal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24372 of 2020 Arising Out of PS. Case No.-122 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== INDAL PASWAN Son of Dahaur Paswan Resident of Jhapahan Dih, P.SAhiyapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Jyotsna Rani Mishra For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2020 Heard Mrs. Jyotsna Rani Mishra , learned counsel for the petitioner and Mr. Atul Chandra, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 122 of 2020 registered for the offence punishable under Section 272, 273, 290, 34 of the Indian Penal Code, 1860 and Section 30(a) , 37 (c) , 36 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that the house of the petitioner was raided by Police and 62.925 liters of illicit liquor was recovered from the motorcycle standing in front of the house of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to oblique motive and the house from where illicit liquor has been recovered belongs to joint family. Learned counsel further submits that petitioner has been remanded in this case from Ahiyapur P.S. Case No. 147 of 2020 on 04.05.2020 and since

Patna High Court CR. MISC. No.24372 of 2020(2) dt.22-09-2020 2/2 then he is in custody.

On the other hand, learned counsel for the State submits that petitioner has got criminal antecedent and two cases of similar nature are pending against him. Having regard to the submissions made by the parties and taking into consideration the materials available on record, I am inclined to grant regular bail to the petitioner after framing of charge.

Accordingly, let the petitioner, above named, be released on regular bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur / court concerned in connection with Ahiyapur P.S. Case No. 122 of 2020. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

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