Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51374 of 2021 Arising Out of PS. Case No.-109 Year-2021 Thana- BARUN District- Aurangabad ====================================================== SHAMBHU PASWAN Son of Suryadev Paswan Resident of VillagePachmo, P.S.- Dhibra, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Leelawati Kumari, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barun P.S. Case No. 109 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 270 litres of illicit liquor from a tempo.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 06.05.2021. The learned counsel for the petitioner has referred to paragraph nos. 8 to 10 of the present petition to submit that neither the petitioner is owner of the

Patna High Court CR. MISC. No.51374 of 2021(2) dt.13-01-2022 2/2 tempo nor that of the illicit liquor and he was merely sitting in the tempo as a passenger.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is stated to be merely a passenger in the said tempo and he is not stated to be the owner of the tempo as also he is languishing in custody since a long time and is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 and Sessions Judge (Excise), Aurangabad in connection with Barun P.S. Case No. 109 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T