Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42940 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- BISFI District- Madhubani ====================================================== Ajay Paswan Son of Abdhesh Paswan Resident of Village - Uttra, P.S.- Saharghat, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Bisfi P.S. Case No. 142 of 2021, G.R. No. 1042 of 2021, registered for the offence under Section 272, 273, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

312 liters of Nepali wine has been recovered from a Honda City Car and the petitioner, who was one of the occupant, was arrested on spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither owner nor driver of the said vehicle and he was simply a co-passenger. Petitioner has got clean antecedent and he is in custody since 13.06.2021.

Patna High Court CR. MISC. No.42940 of 2021(2) dt.29-10-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, period of custody and clean antecedent of petitioner, the bail petition of petitioner is allowed. Let the above named petitioner 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 Addl. Sessions Judge II cum Special Judge, Excise Act, Madhubani in connection with Bisfi P.S. Case No. 142 of 2021, G.R. No. 1042 of 2021.

(Prabhat Kumar Singh, J.) anay U T