Patna High CourtCR. MISC./64230/2023bail granted

Dewashish Paswan v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64230 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- SIMRI District- Buxar ====================================================== DEWASHISH PASWAN S/o- PUNNU PASWAN Village- Simari Dudhipati Ps- Simari Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Simari P.S. Case No. 226/2023, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, on information having been received and raid being conducted a total of 93.62 litres of illicit liquor was recovered. However, the accused managed to escape. Later the accused was identified by the Choukidar as the petitioner herein.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of the petitioner. He has been falsely implicated in this case because of his antecedent. He was not arrested at the spot and is

Patna High Court CR. MISC. No.64230 of 2023(2) dt.11-10-2023 2/2 in custody since 03.08.2023.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the petitioner being in custody since 3.8.2023, the petitioner is directed to be enlarged on bail in connection with Simari P.S. Case No. 226/2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-2, Buxar.

(Partha Sarthy, J) Ranjeet/- U T