Ram Pravesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37426 of 2020 Arising Out of PS. Case No.-142 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== RAM PRAVESH PASWAN, son of Mahendra Paswan Resident of VillageKariyout, P.S. Laukahi, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Yadav, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2021 Heard Mr. Birendra Yadav, learned Counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Laukahi Police Station Case No. 142 of 2020, disclosing offences under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. The allegation, as per the First Information Report is that 216 litres of illicit liquor were recovered from the possession of Chhedi Mandal, who disclosed the name of the petitioner.

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 on the basis of

Patna High Court CR. MISC. No.37426 of 2020(2) dt.02-02-2021 2/2 disclosure of his name by arrested co-accused, Chhedi Mandal on the spot. Learned counsel next submits that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner and he is in custody since 10.08.2020 Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner has got no criminal antecedent and illicit liquor has not been recovered from the conscious possession of the petitioner and he is in custody since 10.08.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Ram Pravesh 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 Addl. Sessions Judge-II-cumSpecial Judge (Excise Act), Madhubani, in connection with Laukahi Police Station Case No. 142 of 2020, corresponding to G.R. No.948 of 2020.

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