Seth Paswan @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39487 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- MITHANPURA District- Muzaffarpur ====================================================== SETH PASWAN @ AJAY KUMAR S/O MADAN MAHTO R/O KANHOLI MATH, KHADI BHANDAR, P.S-MITHANPURA, DISTRICTMUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code and section 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 192.6 litres of liquor was recovered and accused Monu Kumar was arrested. It is stated that the said Monu Kumar took the name of fourteen other accused persons including the petitioner herein as being involved in trade of liquor.

It is submitted by learned counsel for the petitioner that neither the petitioner has been arrested at the spot nor any

Patna High Court CR. MISC. No.39487 of 2021(2) dt.19-01-2022 2/2 incriminating article has been recovered from his possession. He has been falsely implicated in the case because of his antecedent. The only material against him is the statement of the co-accused made before police. He is in custody since 7.4.2021 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Mithanpura P.S. Case no.9 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T