Chhotan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39367 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== CHHOTAN PASWAN S/O VISHWANATH PASWAN R/O VillageMadhuban, P.S- Madhuban, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Kundan Rathore @ Kundan Kumar, Advocate For the Opposite Party/s :

Ms Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Simari PS Case No 16 of 2023 dated 03.02.2023 registered for the offence punishable under Sections 30 (a), 41 (i), (ii) of Bihar Prohibition and Excise Act. As per the prosecution case, 2170.800 litres of illicit foreign liquor was recovered from the truck allegedly driven by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedent, as stated in

Patna High Court CR. MISC. No.39367 of 2023(2) dt.05-07-2023 2/2 paragraph 3 of the bail petition. He is in custody in this case since 05.02.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise Court No II, Darbhanga in Simari PS Case No 16 of 2023 dated 03.02.2023. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T