Dadan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38509 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- SIKARHATTA District- Bhojpur ====================================================== Dadan Paswan son of Late Sigashan Paswan Village- Harpur Ps- Sikarhata Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sikarhata P.S. Case No. 40/2024 lodged on 02.04.2024 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total recovery of 96 litres of country made liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged recovery has not been made form the possession of the petitioner rather it has been made near a mango tree situated at the bank of Banas river which is an open place. The petitioner is

Patna High Court CR. MISC. No.38509 of 2024(2) dt.27-05-2024 2/2 in custody since 02.04.2024 having clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner has been apprehended from the place of seizure.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Bhojpur, Ara, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(Dr. Anshuman, J.) Ashwini/- U T