Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79409 of 2023 Arising Out of PS. Case No.-367 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Raj Kumar Paswan Son Of Rambalak Paswan Resident Of VillageMahadeva, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 135 litres of illicit Nepali liquor from a motorcycle and petitioner was apprehended.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.79409 of 2023(2) dt.12-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized motorcycle or the illicit liquor. The petitioner is languishing in custody since 04.08.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

The petitioner is directed to deposit a sum of Rs. 5000/-(Five Thousands) in the District Legal Services Authority, Motihari.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special

Patna High Court CR. MISC. No.79409 of 2023(2) dt.12-01-2024 3/3 Excise Court No. 03, East Champaran at Motihari in connection with Raxaul P.S. Case No. 367 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T