Chulho Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38157 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- MANSI District- Khagaria ====================================================== CHULHO PASWAN Son of Late Radhey Paswan Resident of Ekaniya, Police Station- Mansi, District- Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Sinha, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2022 Heard Mr. Mr. Rajesh Sinha, learned counsel for the petitioner and Ms. Shaheen Begum, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Mansi PS Case No. 73/2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2018 The allegation is that while the petitioner along with other accused persons were crossing the river on a boat, the police raided the boat and recovered 90 litres of illicit liquor from the said boat.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is 82 years old and has falsely been implicated in this case by the police with oblique motive. He next submits that the petitioner was crossing

Patna High Court CR. MISC. No.38157 of 2021(2) dt.18-01-2022 2/2 the river on the boat as passenger and the boat does not belong to him.

Learned counsel also submits that petitioner is in custody since 05.03.2021 and the co-accused, Vishal Kumar has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 38971/2021. He next submits that the charge-sheet has been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 17.03.2021, charge-sheet has been submitted in the matter and the co-accused, Vishal Kumar has been granted bail by a Co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, CHULHO PASWAN be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge, 2nd -cum-Special Judge, (Excise), Khagaria in connection with Mansi PS Case No. 73/2021.

(Anil Kumar Sinha, J) perwez U T