Shashi Ranjan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47950 of 2021 Arising Out of PS. Case No.-231 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== SHASHI RANJAN PASWAN Son of Manoj paswan Resident of Village - Manikpur, P.S. - Minapur, Distt. - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Pathak, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Minapur P.S. Case No. 231 of 2021 for the offence punishable under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 26.470 litres of illicit liquor from the house of one Arvind Kumar and the petitioner herein. As far as the petitioner is concerned, only meager quantity of 375 ml of illicit liquor has been stated to have been recovered from his house.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 27.06.2021. The learned counsel for the petitioner has further submitted that the co-accused person namely Arvind Kumar has already been

Patna High Court CR. MISC. No.47950 of 2021(2) dt.28-02-2022 2/2 granted bail by this Court vide order dated 25.02.2022 passed in Criminal Misc. No. 46228 of 2021.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused person, who has already been granted bail by a coordinate Bench of this Court, apart from the fact that the petitioner is having a clean antecedent and he is languishing in custody since about eight months, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 231 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T