Patna High CourtCR. MISC./67530/2023allowed

Shivchandra Paswan @ Shivchandr Paswan v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67530 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== SHIVCHANDRA PASWAN @ SHIVCHANDR PASWAN Son of Dukhan Paswan R/o vill - Bochaha Bahapur, P.S. - Mohiuddin Nagar, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of illicit liquor from the courtyard of co-accused Dukhan Paswan.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. He submitted that the petitioner has no concern with the seized liquor and the place of occurrence does not belongs to the petitioner. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.67530 of 2023(2) dt.31-10-2023 2/2 conscious possession of the petitioner. He is languishing in judicial custody since 17.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Judge (Excise)-02, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 229 of 2023.

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