Mantu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1625 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== MANTU PASWAN, Son of Banke Paswan Resident of Village- Kishtipur, P.S.- Asthanwa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-03-2021 Heard Mr. Man Mohan Kumar, learned Counsel for the petitioner and Mrs. Indu Kumari Srivastava, learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of regular bail, arises out of Government Official Case No. 125 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation, as per the First Information Report is that Excise Official intercepted a bolero pick up vehicle and upon search recovered a total quantity of 560 litres of spirit and the petitioner along with others were found siting in the said vehicle.

Patna High Court CR. MISC. No.1625 of 2021(2) dt.10-03-2021 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with ulterior motive. Learned counsel further submits that the petitioner has got no criminal antecedent and he is driver of the vehicle and vehicle was being driven by him at the instance of its owner, Santosh Yadav. Learned counsel next submits that the petitioner is in custody since 24.07.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 24.07.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Mantu Paswan, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum-Special Judge, Nawada, in connection with Government Official Case No. 125 of 2020.

Patna High Court CR. MISC. No.1625 of 2021(2) dt.10-03-2021 3/3 It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) sanjeev/- U T