Manish Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9559 of 2019 Arising Out of PS. Case No.-631 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== MANISH PASWAN, Son of Ramlakhan Paswan, Resident of Village - Jogiya, P.S.- Ladaniya, District- Madhunani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 18.11.2018 in a case registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition Act, 2016. It is alleged that from the possession of the petitioner, 410 litres of Nepali 'Saufi' illicit liquor were recovered. It is submitted by learned counsel for the petitioner that on the date of seizure, the alleged motorcycle was not registered in the name of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State submits that said recovery
Patna High Court Cr.Misc. No.9559 of 2019(2) dt.18-02-2019 2/2 has been made from the possession of the petitioner. Considering the quantity of recovery, the investigation being concluded and in view the fact that the material on record does not suggest that ownership of the motorcycle has been ascertained, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Additional Sessions Judge-II, Madhubani, in connection with Jaynagar P.S. Case No.631 of 2018.
(Dinesh Kumar Singh, J) Ashwini/- U T