Patna High CourtCR. MISC./78366/2024bail granted

Dharmender Paswan v. The State Of Bihar

2024-11-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78366 of 2024 Arising Out of PS. Case No.-274 Year-2024 Thana- BHELDI District- Saran ====================================================== Dharmender Paswan S/O Mehilal Paswan @ Mahi Lal Paswan Resident of Village- Muktapur, P.S- Kalyanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bheldi P.S. Case No. 274 of 2024 dated 23.08.2024 registered for the offences punishable u/ss 223, 274, 275 of the Bhartiya Nyaya Sanhita and Sections 30(a), 32, 36 and 47 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1114.56 litres of illicit foreign liquor was recovered from the pick-up van.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.78366 of 2024(2) dt.13-11-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said vehicle. The other co-accused persons have already been granted bail by this court vide order dated 30.09.2024 passed in Cr. Misc. No. 70100/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Bheldi P.S. Case No. 274 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T