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Patna High CourtCR. MISC./22876/2017bail granted

Rajendra Paswan v. The State Of Bihar

2017-05-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22876 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -OBRA District- AURANGABAD ====================================================== Rajendra Paswan, Son of Hardwar Paswan, resident of Village- Kushadi, Police Station Obra District Aurangabad (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar, Advocate. For the Opposite Party : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 03.01.2017 in connection with Obra P.S. Case No. 05 of 2017 for the offences instituted under Sections 30(a) of the Bihar Excise Act, 2016. The prosecution story, in brief, is that the petitioner was apprehended by the police team but he managed his escape and on search 36 liters illicit country made liquor was recovered from the motorcycle of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.01.2017. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. It is alleged that 36 liters of illicit

Patna High Court Cr.Misc. No.22876 of 2017 (2) dt.22-05-2017 2/2 country made liquor is said to have been recovered from the motorcycle of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 S.D.J.M. Daudnagar, Aurangabad, in connection with Obra P.S. Case No. 05/2017.

(Sudhir Singh, J) U.K./- U T