Patna High CourtCR. MISC./42164/2024bail granted

Siyaram Paswan v. The State Of Bihar

2024-06-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42164 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Siyaram Paswan Son Of Late Mushan Paswan Village- Assi (Bhusar ) PsDhoraiya, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 150 of 2024, corresponding to Dhoraiya P.S. Case No. 92 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 100 liters liquor was recovered from sack of the petitioner and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.42164 of 2024(2) dt.20-06-2024 2/2 no concern with the alleged recovery of liquor. It is further submitted that the sack in question does not belong to the petitioner. The petitioner is in custody since 18.03.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 150 of 2024, corresponding to Dhoraiya P.S. Case No. 92 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T