Dharmendra Paswan @ Bhuar Paswan @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76442 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- TILAUTHU District- Rohtas ====================================================== Dharmendra Paswan @ Bhuar Paswan @ Dharmendra Kumar Son of Mahendra Paswan @ Dudhnath Paswan Resident of village- Uttar Patti Tilauthu, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of nine cases and the allegation is of recovery of 110 litres of liquor from plastic bag kept on a motorcycle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he came to be implicated based on confessional statement of Vikash Kumar and Sonu Kumar in

Patna High Court CR. MISC. No.76442 of 2024(2) dt.06-12-2024 2/2 police custody, which does not have any evidentiary value. It is next submitted that police falsely implicated the petitioner through Vikash and Sonu because of his antecedent and petitioner is in custody since 05.09.2024.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise court No.2-cumAdditional District & Sessions Judge, Rohtas at Sasaram in connection with Tilauthu P. S. Case No.300 of 2023.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T