Patna High CourtCR. MISC./71646/2022allowed

Sunil Paswan @ Kari @ Sunil Kumar @ Karia v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71646 of 2022 Arising Out of PS. Case No.-247 Year-2020 Thana- BALIYA District- Begusarai ====================================================== Sunil Paswan @ Kari @ Sunil Kumar @ Karia S/O Ganga Paswan R/O Village- Choti Balia, Akhtiyarpur, Ward No. 13, P.S.- Balia, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ebadur Rahman Shakeb For the Opposite Party/s :

Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 30, 32 & 37(b)(c) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of huge quantity of illicit foreign liquor of different brands near Govind Bhawan. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated due to village politics and on the basis of mere suspicion, his name has been transpired in this present case. It is further submitted that the petitioner has not named in FIR and He has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither

Patna High Court CR. MISC. No.71646 of 2022(2) dt.06-01-2023 2/2 the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious or constructive possession. The Petitioner is languishing in judicial custody since 11.05.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Excise Court No. II, Begusarai in connection with Balia P.S. Case No. 247 of 2020.

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