Mukesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52114 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== MUKESH PASWAN SON OF RAM BHADUR PASWAN R/O VILLAGEKHODAWANDPUR, P.S.- KHODAWANDPUR, DIST.- BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Vaishnavi Singh For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2022 Heard the parties.
The petitioner has renewed his prayer for regular bail in connection with Khodawandpur ( Chhaurahi ) PS Case No. 21 of 2021 registered under Section 188, 272 , 273, 120 (B) of the I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 inasmuch as earlier bail application of the petitioner was rejected vide Cr. Misc. No. 63075 of 2021 by order dated 11.02.2022 with liberty to the petitioner to renew his prayer for bail after six months if the trial does not register any substantial progress.
Prosecution case in brief is that on the basis of confidential information the police recovered 422.22 liters of illicit liquor from a car standing near a place called Kumbhi and arrested one person who disclosed that at the instance of the
Patna High Court CR. MISC. No.52114 of 2022(2) dt.28-09-2022 2/3 petitioner the illicit liquor has been brought and the petitioner is engaged in trade of illegal liquor.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police with oblique motive. She further submits that name of the petitioner has transpired in the confessional statement of the arrested coaccused / Milan Kumar. She next submits that petitioner is neither the owner nor the driver of the Car in question. She next submits that no illicit liquor has been recovered from the conscious possession of the petitioner and / or vehicle belonging to him. She also submits that the co-accused / Milan Kumar and Arun Yadav have been granted bail by this Court in Cr. Misc. 33751 / 2021 & Cr. Misc. No. 46207 / 2021 respectively. She further submits that petitioner is in custody since 06-09-2021.
Having regard to the submissions by the parties and taking into consideration the fact that petitioner is in custody since 06-09-2021, co-accused persons Milan Kumar and Arun Yadav have been granted bail by this Court and this is 2nd attempt for bail on behalf of the petitioner, as such, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.52114 of 2022(2) dt.28-09-2022 3/3 regular bail on furnishing bail bond of Rs. 20000/- (rupees twenty thousand ) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge-I, Begusarai in connection with Khodawandpur ( Chhaurahi ) P.S. Case No. 21 of 2021.
(Anil Kumar Sinha, J) praful/- U T