Amar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67956 of 2024 Arising Out of PS. Case No.-223 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== AMAR PASWAN Son of Late Kanhaiya Paswan @ Late Kanhaiya R/o Village- Banjari, P.S.- Banjari, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Singh For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Excise P.S. Case No. 223 of 2024.
3. As per prosecution case, petitioner is said to have pillion rider of a motorcycle from which there has been recovery of total 20 liters of Chulai liquor.
4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern either with the alleged recovery of liquor or with the wine in question. On the
Patna High Court CR. MISC. No.67956 of 2024(2) dt.01-10-2024 2/2 basis of suspicion, he has been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is a person of clean antecedent and he is in custody since 13.06.2024.
5. Learned APP for the State has opposed the prayer of bail.
6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Rohtas at Sasaram in connection with Excise P.S. Case No. 223 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.
7. Before accepting the bail bond, the criminal antecedent(s) of the petitioner shall be verified and if it is found that he is involved in any other case, except which has been mentioned in paragraph-3 of this bail petition, his bail bond shall not be accepted.
(Nawneet Kumar Pandey, J) Arish/- U T