Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48641 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Manoj Paswan Son Of Vinay Paswan @ Vijay Paswan Resident Of VillageKurmi, Po And Ps- Navinagar, Dist- Aurangabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

1. The learned counsel for the petitioner seeks permission to make rectification in the father's name of the petitioner during course of the day.

2. Permission is accorded.

3. Heard learned counsel for the petitioner and learned APP for the State.

4. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

5. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 12.06 litres of liquor seized from a bush.

6. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.48641 of 2023(2) dt.28-07-2023 2/2 recovered from his conscious possession and he came to be implicated at the instance of spy, which is the easiest way to implicate someone. It is next submitted that even alleged recovery is from a place, which is accessible to public at large

7. Learned A.P.P. opposes the bail application.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Aurangabad in connection with Navinagar P. S. Case No.184 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

9. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T