Balram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40153 of 2020 Arising Out of PS. Case No.-252 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== BALRAM PASWAN Son of Akali Paswan Resident of Kasiyauna Ward No. 08, Police Station - Rajnagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jainandan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2021 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Jainandan Thakur, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Rajnagar PS Case No. 252/2020 registered for the offence punishable under Sections 272/273 of the IPC and Section 30(a) of the Bihar Prohibition & Excise Act 2016.

The allegation against the petitioner as per First Information Report is that the total quantity of 27 litres of Nepali country made illicit liquor has been recovered from behind the house 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 with oblique

Patna High Court CR. MISC. No.40153 of 2020(2) dt.20-02-2021 2/3 motive. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to the him and the same has been recovered from behind his house which is accessible to all and sundry.

Learned counsel for the petitioner further submits that petitioner is in custody since 11.09.2020 and the charge-sheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or will tamper with the evidence. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 11.09.2020 and the chargesheet has been submitted in the matter 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, BALRAM 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 Additional Sessions Judge-II-cumSpecial Excise Act, Madhubani in connection with Rajnagar PS Case No. 252/2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.40153 of 2020(2) dt.20-02-2021 3/3 bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T