Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7782 of 2019 Arising Out of P.S. Case No.-451 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Krishna Paswan, Male, aged about 40 years, son of S/o Shiv Bhajan Paswan resident of Kenduadih, P.S-Dobhi, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with (Barachatti) Excise Case No.451 of 2018 for the offence alleged under Sections 30(a) and 56(b) of the Bihar Excise Prohibition Amendment Act, 2016.

The prosecution case as lodged by the police personnel is that on raid, 118.950 litres of liquor was recovered from the dickey of the motorcycle which was kept concealed behind the bush, by the petitioner. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent

Patna High Court Cr.Misc. No.7782 of 2019(6) dt.11-02-2019 2/2 and has been falsely implicated in the aforesaid case. He further submits that the alleged motorcycle from which the liquor was seized does not belong to the petitioner and the petitioner is languishing in judicial custody since 12.12.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with (Barachatti) Excise Case No.451 of 2018 to the satisfaction of learned Special Judge, Excise, Gaya. (Nilu Agrawal, J) B.Kr./- U T