Jhantu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76400 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Jhantu Paswan Son of Late Ram Sukhit Paswan Resident of Village - Naya Nagar, Ward No.- 5, P.S.- Hasanpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hasanpur P.S. Case No. 99 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered 14 litres of illicit country-made liquor from the petitioner's grocery shop whereas 04 litres from the seized gallon.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.76400 of 2024(2) dt.24-10-2024 2/3 present case due to dirty village politics. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither seller nor buyer of liquor and he is a poor laborer. He also submits that there is no forensic laboratory report confirming the seized article being an intoxicant. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 22.08.2024 without any rhymes or reason. Chargesheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.76400 of 2024(2) dt.24-10-2024 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Hasanpur P.S. Case No. 99 of 2024. (Rudra Prakash Mishra, J) rishi/- U T