Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44586 of 2024 Arising Out of PS. Case No.-239 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Ashok Paswan S/o Sikendra Paswan @ Sikandar Paswan RESIDENT OF VILLAGE MOHIM BUJURG POLICE STATION KUSHESHWAR ASTHAN DISTRICT DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Kusheshwar Asthan (K. Asthan) P.S. Case No. 239 of 2023 lodge on 12.07.2023 under Section 30(a)/30(C) of the Bihar Prohibition and Excise Act-2022.

3. As per the prosecution case, F.I.R. has been lodged against four named accused persons including the present petitioner from whom there is recovery of 50 litre of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that that the name of the petitioner has been figured

Patna High Court CR. MISC. No.44586 of 2024(2) dt.20-07-2024 2/2 in this case only by virtue of disclosure made by villagers. Counsel further submits that the criminal antecedent of the petitioner is clean. Counsel further submits that the said recovery has been made from the barren land.

5. Learned APP for the State opposes the prayer for bail.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest of surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II (Excise Act), Darbhanga subject to the condition as laid down under Section 438(2) Cr.P.C. (Dr. Anshuman, J) sunnykr/- U