Patna High CourtCR. MISC./464/2024allowed

Sonu Paswan v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.464 of 2024 Arising Out of PS. Case No.-1161 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Sonu Paswan Son of Sudish Paswan R/o vill - Raghunathpur, P.S. - Raghunathpur O.P., Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272 and 273 of the IPC and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 68.100 liters of illegal Nepali liquor from a bag.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of disclosure by local villagers, which has got no evidentiary value

Patna High Court CR. MISC. No.464 of 2024(2) dt.16-01-2024 2/2 in the eyes of law. He submitted that the petitioner has no concern with the wine in question and the place of occurrence does not belongs to him. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 13.11.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Excise Court No.- 1, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 1161 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T