Patna High CourtCR. MISC./82547/2024bail granted

Bigan Paswan @ Bigam Paswan v. The State Of Bihar

2024-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82547 of 2024 Arising Out of PS. Case No.-829 Year-2023 Thana- BARH District- Patna ====================================================== Bigan Paswan @ Bigam Paswan S/O Jageshwar Paswan R/O VillageFatehchand, Police Station- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Anjana, Advocate For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Barh P.S. case No. 829 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 20 liters liquor was recovered from bansbatti.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from an open field

Patna High Court CR. MISC. No.82547 of 2024(2) dt.04-12-2024 2/2 which is an open place accessible to one and all. The petitioner is in custody since 02.10.2024 and has got three criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barh P.S. case No. 829 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T