Babulal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36769 of 2021 Arising Out of PS. Case No.-91 Year-2021 Thana- BARUN District- Aurangabad ====================================================== BABULAL PASWAN S/O SURYADEV PASAWAN R/o village- Sohrahi (Lohrahi), P.S.- Chattarpur, District- Palamu (Jharkhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Opposite Party/s :

Md. Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard Ms. Leelawati Kumari, learned counsel for the petitioner and Md. Arif, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Barun P.S. Case No. 91 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Police intercepted one Bolero vehicle and recovered a total quantity of 1200 litres of illicit country made liquor and 18 litres of foreign liquor from the same. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner

Patna High Court CR. MISC. No.36769 of 2021(2) dt.07-01-2022 2/3 alleged and he has falsely been implicated in this case merely because he was the driver of Bolero pick up van. She further submits that the petitioner has got no criminal antecedent and he was not aware about the illicit liquor being kept by its owner. Petitioner is in custody since 7.4.2021 and charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 7.4.2021 having no criminal antecedent 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Aurangabad (Bihar) in connection with Barun P.S. Case No. 91 of 2021 subject to the condition that one of the bailors shall be resident of the territorial jurisdiction of the learned

Patna High Court CR. MISC. No.36769 of 2021(2) dt.07-01-2022 3/3 court below.

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