Patna High CourtCR. MISC./39074/2023bail granted

Bihari 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.39074 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== BIHARI PASWAN SON OF LATE NATHUNI PASWAN Resident of village - Shihpur Mainatand, P.S. - Mainatand, Distt. - West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Gupta For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Mainatand P.S. Case No. 16 of 2023 dated 29.01.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 63 litres of illicit liquor was recovered from the place of occurrence. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.39074 of 2023(2) dt.05-07-2023 2/2 case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.02.2023.

Learned A.P.P. 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 Court concerned, Bettiah, West Champaran in connection with Mainatand P.S. Case No. 16 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T