Sikandar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54404 of 2023 Arising Out of PS. Case No.-56 Year-2009 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Sikandar Paswan S/O Late Bangali Hajra R/O Village- Ganhauli, P.S- Bettiah Muffasil, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 47(a), 47(f) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1400 liters of incriminating spirit from the agricultural land. 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 case. He has no concern with the alleged recovery. The place of occurrence does not belong to him rather the same belongs to co-accused Jangali Hazra. Neither the petitioner was arrested on spot nor any

Patna High Court CR. MISC. No.54404 of 2023(2) dt.25-08-2023 2/2 incriminating article has been recovered from his conscious possession. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 30.06.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Bettiah, West Champaran in connection with Excise P.S. Case No. 56 of 2009. (Sunil Kumar Panwar, J) lata/- U T