Sheru Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35405 of 2023 Arising Out of PS. Case No.-638 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Sheru Paswan Son Of Bilash Paswan Resident Of Village - Kendua, P.S. - Gurua, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a), 56(6) of the Bihar Prohibition & Excise Amendment Act, 2018.

There is recovery of 110 litres of illicit country made liquor from a motorcycle driven by the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.35405 of 2023(4) dt.01-08-2023 2/2 petitioner has no concern either with the recovery of illicit liquor or seized motorcycle. The petitioner is languishing in custody since 06.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Excise Court No. 3, Gaya in connection with Excise P.S. Case No. 638 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T