Patna High CourtCR. MISC./32235/2023bail granted

Pawan Kumar @ Pawan Kumar Paswan @ Pavan Paswan v. The State Of Bihar

2023-05-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32235 of 2023 Arising Out of PS. Case No.-173 Year-2023 Thana- BYPASS District- Patna ====================================================== Pawan Kumar @ Pawan Kumar Paswan @ Pavan Paswan, Son Of Krishna Paswan, R/O-Pitambarpur, P.S.-FATUHA, Distt.-PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, 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 Bypass P.S. Case No. 173 of 2023 dated 06.04.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 160 litres of illicit liquor was recovered form the possession of the petitioner and the coaccused person. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.32235 of 2023(2) dt.22-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is neither the owner nor the driver of the said motorcycle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.04.2023. Learned A.P.P. for the State has vehemently opposed the prayer of 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, Patna City in connection with Bypass P.S. Case No. 173 of 2023.

The application stands allowed.

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