Patna High CourtCR. MISC./52802/2024bail granted

Raghubir Paswan v. The State Of Bihar

2024-07-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52802 of 2024 Arising Out of PS. Case No.-211 Year-2024 Thana- BANIAPUR District- Saran ====================================================== Raghubir Paswan Son Of Shivnath Paswan @ Vishnunath Manjhi @ Shiv Nath Manjhi Resident Of Village - Dhobwal, P.S. - Baniyapur, District - Saran At Chapra (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Baniyarpur P.S. Case No. 211 of 2024 dated 17.05.2024 registered for the offences punishable u/s 30(a), 32(i), 32(2), 38, 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1000 litres of illicit spirit was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the house of the petitioner is a joint house and the petitioner has no concern with the

Patna High Court CR. MISC. No.52802 of 2024(2) dt.23-07-2024 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran in connection with Baniyarpur P.S. Case No. 211 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T