Dharamraj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62654 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== DHARAMRAJ KUMAR PASWAN S/O RAMSHARAN PASWAN R/o village- English Tola, P.S.- Maheshkhut, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Preety Kunwar, Diwakar Upadhyaya, Advocates For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 189 litres of IMFL was recovered from the pickup van in which the petitioner was one of the occupants.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has no concern either with the pickup van nor with the seized liquor. The petitioner has no criminal antecedent under the Bihar Prohibition and Excise Act, 2016 and is in custody since 22.3.2021.

Patna High Court CR. MISC. No.62654 of 2021(3) dt.10-05-2022 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner, the petitioner not having any concern with the vehicle from which the liquor was recovered together with his having remained in custody for 1 year, the petitioner is directed to be enlarged on bail in connection with Gopalpur (Rangra) P.S. Case no. 132 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II - cum - Special Judge, Excise, Bhagalpur. (Partha Sarthy, J) Spd/- U T