Gorakh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69798 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== GORAKH PASWAN S/o Lalit Paswan R/o village- Indrahiya, P.S.- Sasaram (M), District- Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Sasaram (M) P.S. Case No. 332 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The Police on the basis of secret information that some persons were indulged in sell of illicit liquor on Indrahiyan Canal, proceeded towards the place of occurrence and recovered 100 litres of country made Mahua liquor kept in four plastic sacks and upon seeing the Police party two persons succeeded in fleeing away.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.69798 of 2021(2) dt.24-05-2022 2/2 and he has falsely been implicated in this case at the instance of his enemy. He further submits that illicit liquor has not been recovered from conscious possession of the petitioner rather the same has been recovered from a canal which is an open space accessible to all and sundry. The petitioner is in custody since 1.8.2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and the petitioner is in custody since 1.8.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Sasaram P.S. Case No. 332/2020.

(Anil Kumar Sinha, J) S.Ali/- U T