Durga Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60641 of 2021 Arising Out of PS. Case No.-305 Year-2021 Thana- BARH District- Patna ====================================================== DURGA PASWAN Son of Late Bhagat Paswan Resident of VillagePachhiyari Malahi, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 4735 of 2021 arising out of Barh P.S. Case No. 305 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 150 litres of illicit liquor from three accused persons including the petitioner herein after they were apprehended by the police and search was made.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 02.08.2021. Per contra, the learned counsel for the State has

Patna High Court CR. MISC. No.60641 of 2021(2) dt.31-03-2022 2/2 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 Special Judge, Excise Act, Patna in connection with Special Case No. 4735 of 2021 arising out of Barh P.S. Case No. 305 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T