Dularchand Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73478 of 2022 Arising Out of PS. Case No.-321 Year-2022 Thana- BARH District- Patna ====================================================== Dularchand Paswan S/O Rajnandan @ Karu Paswan R/V- Kali Asthan Malahi Pachhiyari Malahi, P.S.- Barh, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjana For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 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 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 520 litres of country made liquor from diyara area. The petitioner is alleged to have fled away from the place of seizure. 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 place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article
Patna High Court CR. MISC. No.73478 of 2022(2) dt.13-01-2023 2/2 has been recovered from his conscious possession. He is languishing in judicial custody since 21.10.2022. 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 Special Judge, Excise Act, Barh under Patna Judgeship in connection with Barh P.S. Case No. 321 of 2022.
(Sunil Kumar Panwar, J) nirajkrs/- U T