Dino Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69787 of 2022 Arising Out of PS. Case No.-189 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== DINO PASWAN SON OF ARUN PASWAN R/O VILLAGE- MAIRCHI, WARD NO.5, HIRNI, P.S.- KUSHESHWAR ASTHAN, DISTRICTDARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagdhar Prasad, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Excise Case No. 189 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 158.400 litres of illicit liquor from a hut.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 01.07.2022. The learned counsel for the petitioner has further submitted that the hut in question from where the illicit liquor has been recovered does not belong to the petitioner.

Patna High Court CR. MISC. No.69787 of 2022(2) dt.09-02-2023 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the hut in question does not belong to the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-I (Excise Act), Darbhanga in connection with Excise Case No. 189 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T