Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73159 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- CHIKSAUR District- Nalanda ====================================================== Manoj Paswan Son Of Bhushan Paswan R/O Village- Tarpar (Gondu Bigha), P.S.- Chaiksaura, Dist.- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 36.250 litres of liquor from the house of the petitioner and petitioner managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. The alleged house is a joint family property. The name of the petitioner has been disclosed in this case by the apprehended coaccused before the police, which has got no evidentiary value in

Patna High Court CR. MISC. No.73159 of 2023(2) dt.09-11-2023 2/2 the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 16.08.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional Sessions Judge V-cum-Exclusive Spl. Court of Excise, Nalanda at Biharsharif in connection with Chiksaura P.S. Case No. 20 of 2023.

(Sunil Kumar Panwar, J) sushma/- U