Sanjeev Paswan @ Sanjiv Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28742 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Sanjeev Paswan @ Sanjiv Paswan, Son of Vinod Paswan, Resident of Village Pagra, Ward No 7, P.S.- Dalsinghsarai, District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-05-2023

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

2. Petitioner seeks regular bail in connection with Dalsinghsarai P.S. Case No. 87 of 2023 dated 17.02.2023 registered for the offence punishable under Section 30 (a) of 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 296.700 litres of country made foreign liquor and the same is stated to have been recovered from a hut situated on the agricultural land of this petitioner but the said allegation is completely false, in fact the petitioner was not arrested at the spot and the said place of recovery does not belong to him. Further submissions are that the petitioner is a student and

Patna High Court CR. MISC. No.28742 of 2023(2) dt.17-05-2023 2/2 making preparations for competitive examinations and he has been languishing in jail since 31.03.2023 and against him there is criminal antecedent of one case in which he is on bail and against the petitioner investigation has been completed.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Dalsinghsarai P.S. Case No. 87 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) Rajiv/- U T