Patna High CourtCR. MISC./67422/2023bail rejected

Sanjay Paswan @ Bikau Paswan v. The State Of Bihar

2023-10-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67422 of 2023 Arising Out of PS. Case No.-577 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Sanjay Paswan @ Bikau Paswan, Son of Narayan Paswan R/o vill - Shiv Ganj Ara Ambedkar colony, P.S. - Ara Town, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 577 of 2022, lodged on 26.06.2022 under Section 30(a) of Bihar Excise Act.

3. As per the prosecution case, the FIR has been lodged against 2 named accused persons and total 50 litres of country made wine and 26 litres of foreign liquor has been recovered from the house of the present petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and there is defect in preparation of seizure list. He further submits that the petitioner is in custody since 28.07.2023 and there are two criminal cases pending against him.

Patna High Court CR. MISC. No.67422 of 2023(2) dt.17-10-2023 2/2

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there are two criminal cases which are pending against the petitioner and both the cases are relating to excise matter.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Ara Town P.S. Case No. 577 of 2022, pending before the learned Exclusive Special Judge, Excise Court No. 1, Bhojpur at Ara is hereby rejected,

8. However, the petitioner shall move for regular bail after framing of charge, the Trial Court shall release him on bail imposing its own conditions so that he may not evade his appearance during trial.

9. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J.) Divyansh/- U T