Patna High CourtCR. MISC./35434/2020bail granted

Prabhu Paswan v. The State Of Bihar

2021-03-25Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35434 of 2020 Arising Out of PS. Case No.-224 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== PRABHU PASWAN, son of Dhodha Paswan @ Doda Paswan Resident of Village- Awahar Sheikh (Ahwar Sheikh), P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-03-2021 Heard Mr. Vijay Prakash Singh, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 224 of 2019, instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

40 litres of liquor is said to have been recovered beneath the mud in the lane by the side of the house of the petitioner.

The learned counsel for the petitioner submits that such recovery cannot be saddled upon him as it is

Patna High Court CR. MISC. No.35434 of 2020(2) dt.25-03-2021 2/2 from an open space.

The petitioner has clean antecedents.

Considering the afore-mentioned two aspects of the matter, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran, in connection with Excise Case No. 224 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T