Jugesh Kumar Paswan @ Jugesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63994 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- KASMA District- Aurangabad ====================================================== Jugesh Kumar Paswan @ Jugesh Paswan Son of Shambhu Paswan Resident of Village -Raja Jolabi Bigha, P.S.- Imamganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Adv.
For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard the parties.
2. The petitioner seeks bail in connection with Kasma P.S. Case No. 107 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. The petitioner is named in the F.I.R. and is in custody since 17.07.2024.
4. The allegation against the petitioner is to be engaged in illegal trading of illicit liquor, where, there is recovery of 227 litres of/country made liquor.
5. Learned counsel appearing on behalf of the petitioner submitted that mere on the basis of suspicion as petitioner was passerby near to the place of recovery, for said suspicion he was implicated falsely with present case.
Patna High Court CR. MISC. No.63994 of 2024(2) dt.11-09-2024 2/2 It is submitted that petitioner is a man of clean antecedent, moreover, seizure list appears disputed being not supported by independent witnesses rather by police personal.
6. Learned APP, opposes the prayer of bail.
7. In view of aforesaid facts and circumstances as recovery of illicit liquor not appears to be recovered prima-facie from the conscious physical possession of the petitioner, who is a man of clean antecedent and is in custody since 17.07.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Kasma P.S. Case No. 107 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-I, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C/Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T