Indradeo Paswaan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42136 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- CHANDAUTI District- Gaya ====================================================== INDRADEO PASWAAN S/O Late Sharad Paswan Resident of Village - Kritnawada, P.S. - Chandauti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Adv.

For the Opposite Party/s :

Ms. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2022 Heard Mr. Vinod Kumar, learned counsel for the petitioner and Ms. Veena Rani Prasad, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Chandauti PS Case No. 183/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act, 2016. As per First Information Report, 12 litres of illicit liquor along with 10 Quintals of Java Mahua have been recovered from the place of occurrence which is bank of river Jamune and four persons standing near the place of occurrence fled away, however, local villagers/Chowkidar disclosed the name of the persons who fled away including the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure of his name made by local people/Chowkidar and petitioner has not committed any offence in the manner alleged and no illicit liquor has been recovered from the conscious possession of

Patna High Court CR. MISC. No.42136 of 2021(2) dt.01-02-2022 2/2 the petitioner or from the premises belonging to the petitioner rather the same has been recovered from the bank of river Jamune which is an open place accessible to all and sundry.

Learned counsel next submits that the petitioner is in custody since 17.02.2021 and the charge-sheet has been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 17.02.2021, the charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, INDRADEO PASWAAN be released on bail on furnishing bail bond of Rs. 25,000/- (Twentyfive Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gaya in connection with Chandauti PS Case No. 183/2020.

(Anil Kumar Sinha, J) perwez U T