Dharmendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7184 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- LADANIA District- Madhubani ====================================================== DHARMENDRA PASWAN S/o Ram Kumar Paswan Resident of VillagePachar, P.S- Jainagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Soban Asghar, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Ladaniya P.S. Case No. 241 of 2018 instituted for the offence under Section(s) 272/273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act, 2016.

It is alleged in the written report that total 1410 bottles of Nepali Saufi liquor has been recovered from three motorcycles. The petitioner along with another co- accused, namely, Pramod Paswan were apprehended on the spot and one person managed to run away.

Learned counsel for petitioner submits that there is no recovery from conscious possession of this petitioner. Learned counsel further submits that there is no mention of quantity of

Patna High Court Cr.Misc. No.7184 of 2019(2) dt.07-02-2019 2/2 Nepali Saufi which is alleged to have been recovered from three motorcycles.

Learned counsel for petitioner submits that one of the co-accused has already been granted bail by a co-ordinate Bench of this Court by order dated 06.02.2019 passed in Criminal Miscellaneous No. 7010 of 2019.

Petitioner is in custody since 29.10.2018 having clean antecedent.

Considering the aforesaid, let the petitioner, above named, be released 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 Additional Sessions Judge- 2nd- cum- Special Judge (Excise Act), Madhubani in connection with Ladaniya P.S. Case No. 241 of 2018, G. R. No. 1698 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T