Bablu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34848 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 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 For the Opposite Party/s :

Mr. Meena Singh ====================================================== 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 APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Town Thana P.S. Case No. 37 of 2023 dated 01.02.2023 registered for the offences punishable under Sections 272, 273, 420, 467,468, 471 and 120 B of the Indian Penal Code and 30(a), 32(i), (ii), 36, 41 (1) of the Bihar

Patna High Court CR. MISC. No.34848 of 2023(2) dt.25-05-2023 2/3 Prohibition and Excise Act.

As per the prosecution case, 1966.32 litres of illegal liquor has been recovered from the truck.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither truck owner nor driver. The name of the petitioner has transpired in the confessional statement of co-accused namely, Gyanendra Kumar. The coaccused person has already been granted bail by the co-ordinate Bench of this Court vide order dated 10.05.2023 passed in Cr. Misc. No. 20147 of 2023. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in

Patna High Court CR. MISC. No.34848 of 2023(2) dt.25-05-2023 3/3 connection with Town Thana P.S. Case No. 37 of 2023. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/ Kaushik/- U T