Devendra Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70962 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- KHIRHAR District- Madhubani Devendra Kumar Paswan Son Of Ram Sagar Paswan Resident Of Village - Beta Parsa Ward No.- 9, P.S.- Harlakhi, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 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 272, 273/34 of Indian Penal Code and under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 88.200 litres of Nepali liquor from a motorcycle bearing registration No. BR-32M-6703.

Patna High Court CR. MISC. No.70962 of 2022(2) dt.06-01-2023 2/3 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 or with the motorcycle in question. Nothing has been recovered from the possession of the petitioner. The vehicle in question belongs to one Naresh Mahto.

He is languishing in judicial custody since16.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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 II-cum-Special Judge Excise Act, Madhubani in

Patna High Court CR. MISC. No.70962 of 2022(2) dt.06-01-2023 3/3 connection with Khirhar P.S. Case No. 71 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T