Saroj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8293 of 2019 Arising Out of PS. Case No.-1119 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== SAROJ PASWAN S/o Ramekwal Paswan Resident of Village- Chakmahila, P.S.- Sitamarhi District Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 17.12.2018 in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the house of the petitioner, 15.840 litres of illicit foreign liquor were recovered. It is submitted by learned counsel for the petitioner that recovery has been made from the joint family house of the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that recovery has been made from the house of the petitioner.

Considering the quantity of recovery and that too

Patna High Court Cr.Misc. No.8293 of 2019(2) dt.14-02-2019 2/2 from the joint family house, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent coupled with the period under custody, 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 ADJ-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No.1119 of 2018.

(Dinesh Kumar Singh, J) anil/- U