Patna High CourtCR. MISC./89927/2024bail granted

Umesh Paswan v. The State Of Bihar

2025-01-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89927 of 2024 Arising Out of PS. Case No.-604 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Umesh Paswan Son of Rajendra Paswan Resident of Village- Ghosawari, PSBakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No. 604 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act and 25(1-b)a, 26, 35 of the Arms Act

3. The prosecution case, in short, is that total 20 litres of liquor has been recovered from the house of the petitioner. It is further alleged that three cartridges have been recovered from the house of one Devendra Saw.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the joint house of the petitioner where other family

Patna High Court CR. MISC. No.89927 of 2024(2) dt.16-01-2025 2/2 members of the petitioner also reside. No arms or ammunitions has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged recovery of arms and ammunitions or with the recovery of liquor. The petitioner is in custody since 20.10.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP 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 Bakhtiyarpur P.S. Case No. 604 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T