Golu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9171 of 2020 Arising Out of PS. Case No.-249 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== GOLU PASWAN S/o Shatrughan Paswan Resident of Muhalla- Laxmisagar Gyan Bharti School, P.S.- L.N.M.U, Distt- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2020 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 272, 273 & 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

72.555 liters of foreign liquor and 15 kgs. of dry bhang is said to have been recovered from the roof (chhapr) 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

Patna High Court CR. MISC. No.9171 of 2020(2) dt.28-02-2020 2/3 trade of liquor. He has been falsely implicated in this at the instance of his enemy by planting the aforesaid liquor and bhang on his roof. Petitioner was not apprehended at the spot rather the father of the petitioner was apprehended at the spot. He has no criminal antecedent.

Petitioner is agreed to deposit Rs.20,000.00 (Rupees Twenty 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 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Darbhanga in connection with L.N.M.U. P.S. Case No. 249 of 2019 (G.O. Case No.788/2019), 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

Patna High Court CR. MISC. No.9171 of 2020(2) dt.28-02-2020 3/3 Rs.20,000.00 (Rupees Twenty Thousand) in the Juvenile Justice Fund of the State Social Welfare Department. (Anjani Kumar Sharan, J) Trivedi/- U T