Raj Kumar Paswan @ Putul Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5182 of 2019 Arising Out of PS. Case No.-859 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Raj Kumar Paswan @ Putul Paswan Son of Daroga Paswan Resident of Village- Ambedkar Nagar, Sikandarpur Ward No. 13, P.S. Nagar (Town), District Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Heard both sides.

Petitioner apprehends his arrest in Town (Sikandarpur O.P.) P.S. Case No.859 of 2018 registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The police saw two persons in suspicious condition but on chase one person managed to flee away and another who disclosed his name as Akhilesh Kumar was apprehended just in front of the house of Putul Paswan. The apprehended accused disclosed that Putul Paswan was also with him and he managed to flee away. From possession of the apprehended accused, 10 bottles of Royal Stag Whiskey each containing 375 ml. and 15 bottles of Royal Stag Whiskey each containing 180 ml. were recovered from possession of Akhilesh Kumar.

Patna High Court Cr.Misc. No.5182 of 2019(2) dt.30-01-2019 2/2 Learned counsel for the petitioner submits that since Akhilesh Kumar was apprehended in front of the house of the petitioner that is why Akhilesh Kumar named the petitioner. The petitioner was not alleged to have flee away carrying any liquor in his hand. Liquor was recovered from the possession of Akhilesh Kumar.

Considering the facts aforesaid and nature of allegations made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Town (Sikandarpur O.P.) P.S. Case No.859 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T