Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3063 of 2019 Arising Out of PS. Case No.-252 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== Rajesh Paswan, Son of Sri Chand Paswan Resident of Village- Jamune, Police Station- Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s :

Mr. Amarendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chandauti P.S. Case No. 252 of 2018 dated 24.11.2018 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

On raid by the police party, 30 litres of locally brewed liquor was recovered and one person was arrested.

The case of the prosecution is that several persons, taking advantage of darkness, managed to run away. One Chowkidar is said to have named the persons who ran away from the place of seizure and arrest. The petitioner is one such person who has been named by

Patna High Court Cr.Misc. No.3063 of 2019(2) dt.23-01-2019 2/2 the aforesaid Chowkidar.

Learned counsel for the petitioner has submitted that he has been falsely framed in this case. Nothing has been recovered from his possession and he bears fair antecedents.

Considering the aforesaid facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Chandauti P.S. Case No. 252 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T