Patna High CourtCR. MISC./54829/2022bail granted

Kundan Paswan v. The State Of Bihar

2022-11-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54829 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- RAIL JHAJHA District- Jamui ====================================================== Kundan Paswan Son of Ram Pravesh Paswan Resident of Village - Sarhan , P.S.- Pandarak, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, 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 Rail Jhajha P.S. Case No. 97 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2018. As per the prosecution case, total recovery of 6 litre Indian made foreign liquor 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 the seizure memo indicates that it is a public place from where the said recovery was made. Counsel further

Patna High Court CR. MISC. No.54829 of 2022(2) dt.25-11-2022 2/2 submits that there is a gross violation of Section 100 of Cr.P.C. in the recovery also. Counsel further submits that there is one case pending against the petitioner in which he is on bail but the said case is not of excise matter. Counsel further submits that petitioner is in custody since 04.07.2022, 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.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court-01, Jamui in connection with Rail Jhajha P.S. Case No. 97 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