Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2583 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- MITHANPURA District- Muzaffarpur ====================================================== RAJ KUMAR PASWAN SON OF LATE RAGHUNATH PASWAN RESIDENT OF KHADI BANDAR KANHAULI MUSHARI, P.S. - MITHANPURA, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Udit Narain Singh For the Opposite Party/s :

Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2021 Heard Mr. Udit Narain Singh, learned counsel for the petitioner and Mr. Chandrasen Prasad Singh, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with Mithanpura P.S. Case No. 09 of 2020 registered for the offence under Section 414 of the I.P.C. and Section 30 (a), 32 (ii), 41 (i) of the Bihar Prohibition and Excise Act 2018. The allegation against the petitioner as per the First Information Report is that the Police intercepted a Pick- Up Van and motorcycle and recovered 192.600 liters of illicit liquor from the same and also arrested one person namely, Monu Kumar, who disclosed the name of petitioner and others. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused and he has not committed any offence in the manner alleged. Learned counsel further submits that petitioner has got no concern with the Pick-

Patna High Court CR. MISC. No.2583 of 2021(3) dt.06-04-2021 2/2 Up Van and the motorcycle from which the illicit liquor in question has been recovered. Learned counsel next submits that petitioner is in custody since 03.07.2020 and charge sheet has already been submitted in this case.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 03.07.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Act, Muzaffarpur in connection with Mithanpura P.S. Case No. 09 of 2020.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T