Allowed

Manu Paswan @ Monu Paswan v. The State of Bihar

Patna HC18 Apr 2024CR. MISC./29779/2024

Case brief

AI extract

What is this about?

Bail application under Section 30(a) of the Bihar Prohibition and Excise Act following recovery of 350 litres of illicit liquor from a car. Petitioner claimed no conscious possession and clean antecedents; custody since 22.12.2023. Court granted bail after framing of charge, with trial court to frame charge within 15 days.

What did the court decide?

Petitioner to be released on bail after framing of charge (or if charge-sheet not filed, on bail bond), Rs.10,000 bond with two sureties.

Manu Paswan @ Monu Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29779 of 2024

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Arising Out of PS. Case No.-718 Year-2023 Thana- BARHARA District- Bhojpur

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======================================================

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Manu Paswan @ Monu Paswan, Male, aged about 18 years, Son of Satyendra Paswan R/o Village- Bakhorapur, P.S.- Barhara, Dist.- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Rajendra Nath Sinha For the Opposite Party/s : Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 18-04-2024 Heard learned counsel appearing on behalf

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of the parties.

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The petitioner seeks bail in connection with

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Barhara P.S. Case No. 718 of 2023 registered for the offence

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under Section 30(a) of the Bihar Prohibition and Excise Act.

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As per FIR, there is recovery of total 350

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litre of illicit liquor from a car bearing registration no. BR 11AA1768.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrest on spot. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioner

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Patna High Court CR. MISC. No.29779 of 2024(2) dt.18-04-2024 2/3

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and he has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 22.12.2023.

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Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge , in connection with Barhara P.S. Case No. 718 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Bhojpur, Ara.

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The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

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Patna High Court CR. MISC. No.29779 of 2024(2) dt.18-04-2024 3/3

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date before the Trial Court till conclusion of the proceeding of framing of charge.

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(Ramesh Chand Malviya, J)

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S.Katyayan/-

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U T

Manu Paswan @ Monu Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manu Paswan @ Monu Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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