Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39525 of 2023 Arising Out of PS. Case No.-344 Year-2023 Thana- BEUR District- Patna ====================================================== MAHENDRA PASWAN SON OF LATE SIDHESHWAR PASWAN RESIDENT OF VILLAGE- UTARNAMA, PS- RAHUI, DISTRICTNALANDA AT PRESENT MOHALLA- VIDYA NAGAR, (HOUSE OF DAUGHTER0, PS- BEUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== 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 Beur P.S. Case No. 344 of 2023 dated 14.5.2023 registered for the offence punishable u/s 30(a), 37 of the Bihar Prohibition and Excise Act. As per the prosecution case, 94 litres of liquor is alleged to have recovered from the possession of the petitioner and the co-accused persons.

Patna High Court CR. MISC. No.39525 of 2023(2) dt.05-07-2023 2/2 Learned counsel for the petitioner has submitted that 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 15.5.2023.

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 Beur P.S. Case No. 344 of 2023.

The application stands allowed.

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