Pradeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83521 of 2023 Arising Out of PS. Case No.-120 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== PRADEEP PASWAN SON OF RAM PRAKASH PASWAN R/O VILLAGEPURANI BHIRHA, P.S.- ROSERA, DISTICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Mrs. Namita Sharma For the Opposite Party/s :

Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 120(B), 414, 465, 477 of the Indian penal Code and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, during night patrolling, acting on a tip off, police party intercepted a pick-up van and driver was apprehended on spot. On search 1789.56 litres illicit liquor of different brands were recovered. Apprehended driver disclosed the name of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner was not arrested on spot and due to high

Patna High Court CR. MISC. No.83521 of 2023(2) dt.04-01-2024 2/2 handedness of police, he has been dragged in the present case. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 6.11.2023.

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

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 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 Exclusive Special Judge Excise-I, Begusarai in connection with Khodawandpur P.S. Case No. 120 of 2021.

(Sunil Kumar Panwar, J) sushma/- U