Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40780 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== RAJESH PASWAN Son of Hardeo Paswan Resident of Hajipur, Hela Bazar, P.S.- Nagar (Town), District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjai Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 1919 of 2021 arising out of P.R. Alamganj Case No. 73 of 2021 for the offence registered under Sections 30(a) and 56(B) of the Bihar Excise Amendment Act, 2018. The allegation is regarding recovery of 100 litres of illicit liquor from a tempo and the petitioner is stated to be the driver of the said tempo.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 15.03.2021. The learned counsel for the

Patna High Court CR. MISC. No.40780 of 2021(2) dt.03-01-2022 2/2 petitioner has further submitted that the possibility of the illicit liquor belonging to the passengers cannot be ruled out. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Special Case No. 1919 of 2021 arising out of P.R. Alamganj Case No. 73 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T