Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42673 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== MANOJ PASWAN S/O LATE RAJENDRA PASWAN R/O VILLAGEBIRPUR DEODHI, P.S-HASANPUR, DISTRICT-SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Hasanpur P.S.Case No. 184/2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of illicit liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.42673 of 2021(2) dt.16-12-2021 2/3 he is languishing in custody since 9.4.2021. The learned counsel for the petitioner has further submitted that the house in question is in the joint possession of the petitioner and his family members, hence, the petitioner cannot be singled out for the alleged occurrence.

Per contra, the learned APP 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 on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise Act, Samastipur in

Patna High Court CR. MISC. No.42673 of 2021(2) dt.16-12-2021 3/3 connection with Hasanpur P.S.Case No. 184/2020. (Mohit Kumar Shah, J) Ajay/- U T