Pankaj Paswan @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63715 of 2021 Arising Out of PS. Case No.-641 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== PANKAJ PASWAN @ PANKAJ KUMAR S/o Late Gena Paswan R/o Village- Atrauliya Gopinath (Dokral), P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 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, 313.2 litres of liquor was recovered from the dalan of one Ashok Kumar. It is stated that the co-villagers who had gathered disclosed the names of six accused persons who managed to escape which included the petitioner herein.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody since 15.8.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.63715 of 2021(2) dt.18-04-2022 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent and having remained in custody for more than 8 months, the petitioner is directed to be enlarged on bail in connection with Saraiya P.S. Case no. 641 of 2020 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 Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T