Raju @ Jalim Jaishwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10080 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== RAJU @ JALIM JAISHWAL Son of Late Bira Jaishwal @ Vira Pr. Chaudhari Resident of Village-Ghorasahan Purani Bazar, Police StationGhorasahan, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

201 liters of Nepali Kasturi wine is said to have been recovered from the shop of the petitioner and the petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner was not apprehended at the spot. He has been falsely implicated in this case by the police as he failed to cough up the illegal graft made by the police. He has

Patna High Court CR. MISC. No.10080 of 2020(2) dt.02-03-2020 2/2 no criminal antecedent.

Petitioner is agreed to deposit Rs.25,000.00 (Rupees Twenty Five Thousand) in the Juvenile Justice Fund of the State Social Welfare Department, bearing Saving Account No.35094613009 of the State Bank of India.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 299 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000.00 (Rupees Five Thousand) in the Juvenile Justice Fund of the State Social Welfare Department.

(Anjani Kumar Sharan, J) Trivedi/- U T