Jaga Paswan @ Jaaga Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60877 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Jaga Paswan @ Jaaga Paswan, Male, aged about 46years, son of Ramswaroop Paswan, resident of village- Kothiya Hariram, P.S.- Mehsi, Distt.- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Mehsi PS Case No.166 of 2023 dated 01.06.2023, instituted under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case is that the police on getting information of illicit liquor had conducted search and recovered 10 litres country-made liquor kept behind the house/hut of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He has no concern with the alleged illicit liquor. Recovery was not made from the hut of the petitioner, rather, it was made

Patna High Court CR. MISC. No.60877 of 2023(2) dt.11-10-2023 2/2 from the back side of the hut. Learned counsel further submits that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, East Champaran, Motihari, in Mehsi PS Case No.166 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T