Bhuban Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43251 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== Bhuban Paswan S/O Dhyani Paswan R/O Village-Selra, P.S.-JAYNAGAR, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2022 Heard.

The petitioner seeks regular bail in connection with Khajauli P.S. Case No. 85 of 2021, registered for the offence punishable under Sections 272, 273, 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 75 liters of Nepali country made illicit liquor from a motorcycle. 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 09.06.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no.- 10 of the present petition, that the petitioner has got no connection with the seized motorcycle in question. It is further submitted that no illicit liquor has been recovered from the

Patna High Court CR. MISC. No.43251 of 2021(2) dt.10-01-2022 2/2 conscious possession of the petitioner.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has categorically stated in the present petition that he is having no concern with the seized motorcycle, apart from the fact that he is having a clean antecedent, I deem fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IIcum- Special Judge, Excise Act, Madhubani in connection with Khajauli P.S. Case No. 85 of 2021 corresponding to G.R. No. 784 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T