Patna High CourtCR. MISC./52684/2023bail granted

Pappu Paswan v. The State Of Bihar

2023-08-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52684 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== PAPPU PASWAN Son of Nandlal Paswan Resident of Village-Lakshmisagar Chunabhathi Saitpur, Ward No. 14, P.S.-University Darbhanga, DistrictDarbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seek regular bail in connection with G.R. No. 806/2023/Benipatti P.S. Case No. 102 of 2023, registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution, total 207 litres of Nepali liquor kept in 690 bottles each of 300 Ml. was recovered from the tempo.

4. Learned counsel for the petitioner submit that the petitioner is innocent and have falsely been implicated in this case. Nothing incriminating has been recovered from

Patna High Court CR. MISC. No.52684 of 2023(2) dt.23-08-2023 2/2 the conscious possession of this petitioner. Petitioner is in judicial custody since 23.05.2023.

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the nature of allegation and also period of custody, this application is allowed.

7. 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 the Additional Sessions Judge- II cum Special Judge, Excise Act, Madhubani, in connection with G.R. No. 806/2023/Benipatti P.S. Case No. 102 of 2023.

(Sandeep Kumar, J) Ranjeet/- U T