Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.560 of 2021 Arising Out of PS. Case No.-430 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SUNIL PASWAN Son of SHANKAR PASWAN Resident of Village - Tikuliya, P.S. - Muffasil, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

448.26 liters of foreign liquor is said to have been recovered from different vehicles.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.560 of 2021(2) dt.23-02-2021 2/3 that no incriminating article has been recovered from the conscious physical possession of the petitioner or from the house of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case by the police while he was passing through the place of occurrence at the time of occurrence. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent and has been languishing in custody since 16.09.2020.

Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge Excise, East Champaran at Motihari in connection with Muffail P.S. Case No. 430 of 2020. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.560 of 2021(2) dt.23-02-2021 3/3 the learned Court below on showing receipt of deposit of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund.

(Anjani Kumar Sharan, J) Trivedi/- U T