Dina Kumar Paswan @ Dina Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77130 of 2023 Arising Out of PS. Case No.-1250 Year-2023 Thana- Excise P.S. District- Kishanganj ====================================================== Dina Kumar Paswan @ Dina Paswan S/O Shri Rameshwar Paswan Resident Of Khagra Paswan Tola, P.S.- Kishanganj, District - Kishanganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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), 32(3) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 81.320 litres of IMFL from E-rickshaw. It is alleged that petitioner was driver of the aforesaid E-rickshaw. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. There is no

Patna High Court CR. MISC. No.77130 of 2023(2) dt.04-12-2023 2/3 independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 09.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P. appearing for the State vehemently opposed the prayer of bail and submitted that petitioner was driver of the E-rickshaw from which huge quantity of liquor has been recovered. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are 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 District and Sesions Judge IV, Special Judge (Excise II), Kishanganj in connection with Madhya Nisedh P.S. Case No. 1250 off 2023.

The petitioner is directed to deposit a sum of

Patna High Court CR. MISC. No.77130 of 2023(2) dt.04-12-2023 3/3 Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T