Babu Saheb Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62244 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- SAKATPUR District- Darbhanga ====================================================== Babu Saheb Paswan son of Late Ghuran Paswan village- Kanakpur, PsSakatpur, Dist- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act in connection with Sakatpur P.S. Case No.88 of 2023.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 171 liters of liquor from a car.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not owner of the seized vehicle and he came to be implicated based on confessional statement of Karan Kumar in police custody which does not have any evidentiary value and is in custody since 29.06.2024.
Patna High Court CR. MISC. No.62244 of 2024(2) dt.06-09-2024 2/2
5. The learned APP for the State opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Sakatpur P.S. Case No.88 of 2023.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T