Bablu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 35333 of 2023 Arising Out of PS. Case No.-383 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== BABLU PASWAN S/O KHOKHAI PASWAN R/O Village- Chichri Buzurg, P.S- Raj Nagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Ram Nibash Prasad, Advocate For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with GR No 2484 of 2022 arising out of Raj Nagar Police Station (for brevity, PS) Case No 383 of 2022 dated 14.12.2022 registered for the offence punishable under Sections 272, 273/34 of Indian Penal Code and Sections 30 (a), 41 (1) of Bihar Prohibition and Excise Act. As per prosecution case, 3770.94 liters of illicit liquor

Patna High Court CR. MISC. No.35333 of 2023(2) dt.25-05-2023 2/3 was recovered from the truck while the same was being loaded on 5 to 6 vehicles. It is further alleged that the petitioner and the co-accused persons were engaged in illegal business of liquor forming syndicate.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is accused in four more criminal cases, as stated in paragraph 3 of the bail petition. He is in custody in this case since 21.03.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cumSpecial Judge, Excise Act, Madhubani in GR No 2484 of 2022 arising out of Raj Nagar PS Case No 383 of 2022 dated 14.12.2022 subject to the following condition: The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive

Patna High Court CR. MISC. No.35333 of 2023(2) dt.25-05-2023 3/3 dates without reasonable cause, his bail is liable to be cancelled.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T