Patna High CourtCR. MISC./63861/2023allowed

Dharmendra Paswan v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63861 of 2023 Arising Out of PS. Case No.-607 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Dharmendra Paswan Son Of Indradev Paswan Viilege Po- Bhadasi, PsArwal, Dist- Arwal, 804401 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Ritambhara Kumari For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act. 3.Prosecution case relates to recovery of 45 liters of illicit country made liquor from dickey of motorcycle and petitioner and co-accused were arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal

Patna High Court CR. MISC. No.63861 of 2023(2) dt.11-10-2023 2/2 antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 05.10.2023. in Cr. Misc. No. 62744 of 2023. Moreover, he is languishing in judicial custody since 05.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise Paliganj P.S. Case No. 607 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur. (Sunil Kumar Panwar, J) shubham/- U T