Satendra Paswan @ Satyendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54830 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Satendra Paswan @ Satyendra Paswan S/o Late Parikha Paswan R/o villageCharaiya, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 196 of 2022 lodged under Section 30(a), 30(b), 30(c), 33 of Bihar Prohibition and Excise Amendment Act, 2018.

As per the prosecution case, total recovery of 20 litre wine alongwith the utensils used in preparation is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that from the seizure list, it transpires that the entire

Patna High Court CR. MISC. No.54830 of 2022(2) dt.25-11-2022 2/2 recovery has not been made from the possession of the petitioner rather it has made from the bank of river. Counsel submits that the name of the petitioner figured in this case by virtue of his local enemies. Counsel further submits that there is one criminal antecedent of the petitioner in which he is on bail. Counsel further submits that petitioner is in custody since 01.07.2022, charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise, I, Aurangabad in connection with Madanpur P.S. Case No. 196 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T