Patna High CourtCR. MISC./38477/2023bail granted

Pawan 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.38477 of 2023 Arising Out of PS. Case No.-805 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== PAWAN PASWAN SON OF NAGESHWAR PASWAN RESIDENT OF VILLAGE- KURWA, PS- MAHKAR, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== 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 Excise Patna P.S. Case No. 805 of 2023, Special Case No. 4233 of 2023 dated 13.5.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 90 litres of liquor is alleged to have recovered from the bag of the petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.38477 of 2023(2) dt.05-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.5.2023.

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, Patna in connection with Excise Patna P.S. Case No. 805 of 2023, Special Case No. 4233 of 2023. The application stands allowed.

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