Patna High CourtCR. MISC./80919/2023allowed

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

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80919 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== AMIT PASWAN @ AMIT KUMAR PASWAN SON OF VINDESHWAR PASWAN R/O VILLAGE- AURA, P.S.- MADHWAPUR, DISTRICTMADHUBANI ... ... 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.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273/34 of the Indian Penal Code and section 30(A) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 45 liters of illicit liquor from a bag which is said to have been thrown by the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has

Patna High Court CR. MISC. No.80919 of 2023(2) dt.15-12-2023 2/2 no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 9.9.2023.

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

6. 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 released on bail in connection with Madhwapur P.S. Case No. 94 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IICum-Special Judge, Excise Act, Madhubani. (Sunil Kumar Panwar, J) Amandeep/- U T