Rajeev Paswan @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9419 of 2019 Arising Out of PS. Case No.-316 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== RAJEEV PASWAN @ RAJEEV KUMAR Son of Jungbahadur Paswan Residence of Village- Riga Station Tola, P.S.- Riga station Tola. DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-02-2019 A supplementary affidavit has been filed during the course of hearing of the bail petition. Let it be taken on the record.

The petitioner seeks bail in anticipation of his arrest in connection with Riga P.S. Case No. 316 of 2018 dated 28.10.2018 instituted for the offences under Sections 272, 273, 414 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition & Excise Act, 2016.

Approximately 120 litres of Nepali liquor is said to have been recovered from a tempo/three wheeler which was found to be parked in the garage of the petitioner. The learned counsel for the petitioner has submitted that the garage does not belong to the petitioner;

Patna High Court Cr.Misc. No.9419 of 2019(3) dt.25-02-2019 2/2 rather it belongs to one Vikky Kumar. He has further submitted that some times prior to the lodging of the case, the petitioner had worked as a labourer in the aforesaid garage.

The antecedent of the petitioner is clean.

Regard being had to the fact that there is no recovery from the possession/constructive possession of the petitioner and he is not involved in any case of similar nature in the past, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Riga P.S. Case No. 316 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T