Patna High CourtCR. MISC./54277/2024bail granted

Gandhi Paswan v. The State Of Bihar

2024-07-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54277 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Gandhi Paswan Son of Sudama Paswan R/O- VILLAGE- RANISAGAR, P.S.- SHAHPUR, DISTT.- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malti Kumari, Adv For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise (Jagdishpur) P.S. Case No. 130 of 2024 dated 26.06.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 40 litres of illicit country made liquor was recovered near the bank of river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The recovery has been made from an open place which is accessible to anyone. The petitioner has no concern

Patna High Court CR. MISC. No.54277 of 2024(2) dt.29-07-2024 2/2 with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Excise (Jagdishpur) P.S. Case No. 130 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T