Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28542 of 2020 Arising Out of PS. Case No.-376 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== UPENDRA PASWAN S/o Late Arjun Paswan Resident of Village- Belwa Rai, P.S.- Turkaulia, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Turkauliya Police Station Case No. 376 of 2020, registered for the offences punishable under Sections 30 (a)/32/41(1) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police, on the basis of secret information that Murat Sah and Prince Kumar has kept the consignment of illicit liquor in the house of the petitioner, raided the house of the petitioner and recovered a total quantity of 138.96 litres of illicit liquor from the house of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.28542 of 2020(2) dt.12-11-2020 2/2 and he has falsely been implicated in this case inasmuch as the house, from where illicit liquor has been recovered, does not belong to him. He next submits that the petitioner is in custody since 20.06.2020.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent and he is in custody since 20.06.2020, I am inclined to grant bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge -cum- Special Judge, East Champaran, at Motihari, in connection with Turkauliya Police Station Case No. 376 of 2020.

It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

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