Patna High CourtCR. MISC./2308/2020bail granted

Rajiv Paswan v. The State Of Bihar

2020-01-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2308 of 2020 Arising Out of PS. Case No.-69 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== RAJIV PASWAN Son of Santlal Paswan @ Santa Paswan Resident of Village- Purnalia, P.S.- Sahiyara, Dist- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bathnaha P.S. Case No. 69 of 2019 for the offence punishable under Sections 30(A) (C), 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1141.06 liters of illicit liquor from the house of one co-accused person, namely, Sangita Devi and she is stated to have disclosed the name of the petitioner as the person who had fled away. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is languishing in custody since 18.11.2019.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.2308 of 2020(2) dt.21-01-2020 2/2 case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that no recovery has been made from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge II cum Special Judge Excise Act, Sitamarhi in connection with Batnaha P.S. Case No. 69 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T