Amit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6204 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Amit Kumar Paswan, aged about 26 years, (M), Son of Gorelal Paswan Resident of Village- Halsi, Police Station- Halsi, District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seek bail in connection with Halsi P.S. Case No. 229 of 2023 instituted for the offence under Section 30(a) of the Bihar Excise Prohibition Amendment Act.

3.

As per prosecution case, total 5 litres of illicit country made liquor was kept in a plastic bottle was recovered from the petitioner's house.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.08.2023. Petitioner has two criminal antecedents but he is on bail in all the cases, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.6204 of 2024(2) dt.12-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. He further submits that the petitioner has no knowledge about the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case as well as the quantity of liquor and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

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 Halsi P.S. Case No. 229 of 2023.

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