Patna High CourtCR. MISC./49769/2023allowed

Lalu Paswan v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49769 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- PIPRA District- Patna ====================================================== Lalu Paswan Son Of Late Jangi Paswan R/O-Rajeev Nagar, Road No. 4, Keshari Nagar, P.S.-Rajeev Nagar, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 80 liters illicit liquor from a tempo bearing Registration No. BR01PM-8207 and the petitioner is alleged to be driver of the said vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner is only alleged to be driver

Patna High Court CR. MISC. No.49769 of 2023(2) dt.11-08-2023 2/2 of the said tempo but he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 29.5.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 48 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T