Amrendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63600 of 2023 Arising Out of PS. Case No.-703 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== AMRENDRA PASWAN Son of Ram Swaroop Paswan R/o vill - Mirzapur, P.S. - Sabour, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 37 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 750 Ml illegal liquor beneath the bed of the petitioner and it is further alleged that the petitioner was found in intoxicating condition.

Patna High Court CR. MISC. No.63600 of 2023(2) dt.10-10-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner is a Government employee, who is resides at the place of quarter of Superintending Engineer, P.H.E.D., Adampur, Bhagalpur and co-accused namely, Santosh Kumar @ Chhotu Yadav and Raja Kumar keeping the said liquor in the Garage of said quarter but the petitioner has no concern with the seized liquor. No incriminating article has been recovered from the conscious possession of the petitioner. On he basis of suspicion, he has been implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Judge, Excise-2, Bhagalpur/

Patna High Court CR. MISC. No.63600 of 2023(2) dt.10-10-2023 3/3 concerned Court in connection with Bhagalpur Kotwali P.S. Case No. 703 of 2023.

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