Patna High CourtCR. MISC./53131/2024bail granted

Shrawan Paswan v. The State Of Bihar

2024-08-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53131 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== Shrawan Paswan S/O Ramesh Paswan R/O Village- Belain, P.S- Nabinagar, Distt.- Aurangabad.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 279, 337, 338, 427 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Navinagar P.S. Case No. 121 of 2024.

3. As per prosecution case, there has been recovery of total 280.8 liters of liquor from a Bolero vehicle, which was being driven by co-accused Vikash Kumar Singh.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner was not apprehended on spot

Patna High Court CR. MISC. No.53131 of 2024(2) dt.12-08-2024 2/2 and has no concern with the alleged recovery. The name of the petitioner figured in this case only on the basis of confessional statement of co-accused who apprehended on spot. No incriminating article has been recovered from his conscious possession. Petitioner is in custody since 20.05.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, 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 Court of Special Judge, Excise, Aurangabad, in connection with Navinagar P.S. Case No. 121 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. The petitioner shall furnish his bail bonds after completion of six months in custody.

(Nawneet Kumar Pandey, J) Arish/- U T