Raghuni Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41151 of 2021 Arising Out of PS. Case No.-291 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== RAGHUNI PASWAN S/O BIJALI PASWAN R/O VILLAGE-BAKHRA, P.S-SARAIYA, DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2022 Heard Mr. Yugal Kishore, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Saraiya P.S. Case No. 291/2021 registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code 1860, Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The Police on the basis of secret information conducted raid and arrested the petitioner in drunken condition and recovered 21.280 litres of illicit liquor from his house.

Patna High Court CR. MISC. No.41151 of 2021(2) dt.29-01-2022 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that at the time of search and seizure, the procedure prescribed under Section 100 Cr. P.C. has not been followed. He next submits that charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 22.4.

2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur, in connection with Saraiya P.S. Case No. 291 of 2021.

Patna High Court CR. MISC. No.41151 of 2021(2) dt.29-01-2022 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T