Dadan Paswan v. The State of Bihar Bihar
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr.Akash Kumar Mishra, Advocate Mr. Jagdhar Prasad, APP ORAL ORDER 2 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
#2. The petitioner seeks regular bail in connection with Sikarhata P.S. Case No. 40/2024 lodged on 02.04.2024 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
#3. As per the prosecution case, total recovery of 96 litres of country made liquor is the subject matter of the present case.
#4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged recovery has not been made form the possession of the petitioner rather it has been made near a mango tree situated at the bank of Banas river which is an open place. The petitioner is Patna High Court CR. MISC. No.38509 of 2024(2) dt.27-05-2024 in custody since 02.04.2024 having clean antecedent.
#5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner has been apprehended from the place of seizure.
#6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Bhojpur, Ara, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (Dr. Anshuman, J.) Ashwini/- U T
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