Sushil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59603 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== Sushil Paswan S/O Indal Paswan R/o village- Naya Tola Bhavdepur Ward No. 21, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 414 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act.

81 liters of Nepali Saufi wine has been recovered from a Tempo and petitioner was one of the co-passenger. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither owner nor driver of the said Tempo. Petitioner claims clean antecedent and he is in custody since 25.05.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, clean antecedent

Patna High Court CR. MISC. No.59603 of 2021(2) dt.20-12-2021 2/2 and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge (Excise Act), Sitamarhi in connection with Sonbarsa P.S. Case No. 139 of 2021. (Prabhat Kumar Singh, J) anay/- U T