Bail application under the Bihar Prohibition and Excise Act for recovery of illicit liquor from the petitioner's house. The court granted regular bail considering the nature of allegations, period of custody, and claim that recovery was from a joint house.
Regular bail on furnishing bail-bond of Rs.20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55062 of 2024
Arising Out of PS. Case No.-258 Year-2024 Thana- RAFIGANJ District- Aurangabad
======================================================
Jitan Paswan Son Of Sonu Kumar R/O- Village- Kajpa Tola, Anant Bigha, P.S.- Rafiganj, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mukul Kumari, Adv For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 30-07-2024
Heard learned counsel for the petitioner and learned A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with G.R No. 341 of 2024 arising out of Rafiganj P.S. Case No. 258 of 2024 dated 23.06.2024 registered for the offences punishable u/s 30(a), 37 of Bihar Prohibition and Excise Act.
3 . As per the prosecution case, total 25.92 litres of illicit foreign liquor, 250 litres of spirit and 1.7 litres of country made liquor were recovered from the petitioner’s house.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the recovery has been made
Patna High Court CR. MISC. No.55062 of 2024(2) dt.30-07-2024 2/2
from the joint house of the petitioner and he has no concern with the alleged recovery. The name of the petitioner was disclosed by the co-accused Sidhi Paswan. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.06.2024.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with G.R No. 341 of 2024 arising out of Rafiganj P.S. Case No. 258 of 2024.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Jyoti/-
U T
1 issue framed by the court
Whether the petitioner, allegedly involved in recovery of illicit liquor from a joint house, should be granted regular bail.
1 provisions across 1 enactments
Jitan Paswan
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
