Chhotan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50993 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- KHAJEKALA District- Patna ====================================================== CHHOTAN PASWAN S/O LATE RAMJI PASWAN R/o Mohalla- Neem Ghat, Jhoparpatti, P.S.- Khajekalan, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Khajekalan P.S. Case No. 126/2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The allegation, as per the First Information Report, is that the petitioner along with other co-accused persons were apprehended by the Police keeping white colour bag on Apache Motorcycle and upon search 105 litres of illicit country made liquor has been recovered from the Motorcycle and nearby the Bush.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.50993 of 2021(2) dt.08-04-2022 2/2 petitioner is not the owner of the said Motorcycle and he has not committed any offence in the manner alleged. He further submits that the petitioner is in custody since 26.4.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 26.4.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Khajekalan P.S. Case No. 126/2021. (Anil Kumar Sinha, J) S.Ali/- U T