Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38678 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== VIJAY PASWAN S/O SHATRUDHAN PASWAN R/O VILLAGE-BHITI SLEMPUR, WARD NO.10, P.S.-PANDAUL, DISTRICT-MADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Rajnagar Police Station Case No. 113 of 2021, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, on the basis of secret information that the co-accused has brought consignment of illicit liquor, proceeded towards the place of occurrence and recovered a total quantity of 855 litres of illicit liquor and 84 litres of beer from one TATA Safari vehicle, which was being unloaded and also seized three motorcycles.

Patna High Court CR. MISC. No.38678 of 2021(2) dt.20-01-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive. He further submits that the petitioner is not the owner of the TATA Safari vehicle; rather he is the owner of one of the motorcycles, which has allegedly been parked near the place of occurrence and no illicit liquor has been recovered from the motorcycle in question. He further submits that the petitioner is in custody since 03.04.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted, no illicit liquor has been recovered from the conscious possession of the petitioner, and the petitioner is in custody since 03.04.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with

Patna High Court CR. MISC. No.38678 of 2021(2) dt.20-01-2022 3/3 two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Madhubani, in connection with Rajnagar Police Station Case No. 113 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √