Vishal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32116 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- HATHUA District- Gopalganj ====================================================== VISHAL PASWAN, Son of Birendra Paswan @ Virendra, Resident of village - Sri Rampur @ Shrirampur, P.S. - Sri Rampur @ Shrirampur, Distt. - Dewariya, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the State :

Mr. Parmanand Prasad, 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 Hathua P.S. Case No. 85 of 2023 dated 10.04.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 116.400 litres of illicit country made liquor was recovered from the Commander Zeep. On seeing the police, one person managed to flee away but the petitioner and the driver were apprehended from the said

Patna High Court CR. MISC. No.32116 of 2023(2) dt.22-05-2023 2/2 vehicle.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is neither the driver nor the owner of the said vehicle. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2023.

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, Gopalganj in connection with Hathua P.S. Case No. 85 of 2023.

The application stands allowed.

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