Yogendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59954 of 2023 Arising Out of PS. Case No.-581 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== YOGENDRA PASWAN son of Baburam Paswan Mohalla- Dani Bigha PsAurangabad Town Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sweta Kumari For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 159.66 litres wine from the back side of petitioner's house kept in Garbage covered by Tripal.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. He has no concern with the alleged recovery or with business of illicit liquor. The name of the petitioner has

Patna High Court CR. MISC. No.59954 of 2023(2) dt.12-09-2023 2/2 been disclosed in this case by the villagers before the police which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession or from his house. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 23.07.2023 Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned special Excise Judge-II, Aurangabad in connection with Aurangabad Excise P.S. Case No. 581 of 2023.

(Sunil Kumar Panwar, J) lata/- U T