Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31438 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== MUKESH PASWAN SON OF LATE SUDU PASWAN Resident of VillageAtrauliya, P.S. -Saraiya, District- Muzaffarpur(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Daudnagar P.S. Case No. 189 of 2023 dated 03.04.2023 registered for the offences punishable under Section 120B of the IPC and u/s 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 1698.12 litres of Indian made foreign liquor was recovered from the truck and 86.4 litres of Indian made foreign liquor was recovered from the car.

Patna High Court CR. MISC. No.31438 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The said truck and car does not belong to the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Daudnagar P.S. Case No. 189 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T