Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51714 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== MANOJ PASWAN SON OF RAMESHWAR PASWAN R/O VILLAGERASANPUR, P.S.- WARISALIGANJ, DISTRICT- NAWADA ... ... 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 :

Mr. Syed Mojibur Rahman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30 (a), 30(d) and 41 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on a raid being conducted by the police, it is stated that while the four accused persons including the petitioner herein managed to escape 20 litres of liquor was recovered.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has no concern with the seized liquor nor with the place of recovery. He has been falsely implicated in the case because of

Patna High Court CR. MISC. No.51714 of 2021(2) dt.07-02-2022 2/2 his antecedents. He is in custody since 3.7.2021 and charge sheet has been submitted in the case. It is further submitted that a supplementary affidavit has been filed stating about the death of the petitioner's mother on 21.1.2022.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner having remained in custody for 7 months and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Warisaliganj P.S. Case no. 90 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge -cum-Special Judge (Excise), Nawada.

(Partha Sarthy, J) Prakash/- U