Sonelal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74778 of 2019 Arising Out of PS. Case No.-473 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Sonelal Paswan (Male), Aged 69 Years, Son of Late Arjun Paswan, Resident of Village - Lachhua Sugrahiya, Ward No. -02, Police Station - Bathnaha, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to make correction in paragraph no. 4 of the petition in course of the day.

The petitioner seeks regular bail in connection with Complaint Case No. C-2 / 473 of 2019 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as per the prosecution report is that the Assistant Commandant, C. Coy, Sonbarsa, 51 Battalion SSB, Sitamarhi intercepted one person on suspicion, who disclosed his name as Sonelal Paswan. The Police recovered a total quantity of 27 liters of Nepali Saufi liquor from near the Pillar No. 321 on Indo -Nepal Border brought by the petitioner. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.74778 of 2019(2) dt.11-12-2019 2/2 petitioner has got no criminal antecedent and has falsely been implicated in this case due to oblique motive by the raiding party. Learned counsel further submits that petitioner has not committed any offence in the manner alleged and has only been apprehended on the basis of suspicion. Learned counsel submits that the petitioner is in custody since 31.07.2019. Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent and he is in custody since 31.07.2019, I am inclined to enlarge the petitioner on regular bail. Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd cum Special Judge Excise Act, Sitamarhi in connection with Complaint Case No. C-2 / 473 of 2019.

(Anil Kumar Sinha, J) praful/- U T