Shatrudhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27873 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== SHATRUDHAN PASWAN S/O LATE BABU RAM PASWAN R/O VillagePunaul, P.S- Goh, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Rafiganj P.S. Case No.114 of 2023 dated 15.03.2023 registered for the offence(s) punishable under Section(s) 30(c) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 4500 kg of Mahuwa flower from a truck and as per the allegation the petitioner has been shown as a driver of the said vehicle but in actual at the request of one Ajit Kumar Sain, who is a co-accused in this case, the petitioner who is a driver by profession was taking the alleged truck to the specified place and he had no knowledge about the loaded

Patna High Court CR. MISC. No.27873 of 2023(2) dt.12-05-2023 2/2 Mahuwa flower in the said vehicle and he was bonafidely helping the co-accused and moreover he was arrested on chase and the alleged contraband was not recovered from his conscious possession. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 16.03.2023 and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Rafiganj P.S. Case No.114 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T