Anand Kumar @ Chhotu Paswan @ Sharma Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36781 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== ANAND KUMAR @ CHHOTU PASWAN @ SHARMA JEE S/O LATE RAJENDRA PASWAN R/O Village. Beria (Brahampura), PS. Brahampura, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and Section 30(a), 30(c) of the Bihar Prohibition and Excise Act.

As per FIR, prosecution case relates to recovery of total 265 liters illicit spirit from the house of other co-accused persons and this petitioner is said to have engaged in illegal trade of liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case.

Patna High Court CR. MISC. No.36781 of 2023(2) dt.03-07-2023 2/2 Petitioner has no concern with the alleged recovery of illicit liquor or with other co-accused persons. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has been disclosed by the apprehended co-accused namely, Lalo Kumar. Moreover, the petitioner is languishing in judicial custody since 22.3.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khanpur P.S. Case No. 28 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Samastipur.

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