Patna High CourtCR. MISC./38466/2023bail granted

Badal Paswan v. The State Of Bihar

2023-07-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 38466 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Badal Paswan Son of Dinesh paswan Resident of Village- Balashankar, PS. L.N.M.U. District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Virendra Kumar, Advocate For the Opposite Party/s :

Ms Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 LNMU PS Case No 53 of 2023 dated 20.02.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act. As per the prosecution case, 1125 litres of Nepali wine was recovered from a pond.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two antecedents, as stated in paragraph 3 of the bail petition. He is in custody in this case since

Patna High Court CR. MISC. No.38466 of 2023(2) dt.05-07-2023 2/2 03.04.2023. It is further submitted that the name of petitioner was disclosed by local public.

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 Exclusive Special Excise Court II, Darbhanga in LNMU PS Case No 53 of 2023 dated 20.02.2023. This application stands allowed.

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