Jay Prakash Paswan @ Prakash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19299 of 2018 Arising Out of PS.Case No. -733 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Jay Prakash Paswan @ Prakash Paswan Son of Chhatar Paswan Resident of Village Kateshar Chak, P.S. Bihta, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Kant Kumar, Advocate. For the Opposite Party/s : Mr. Anusuiya Jaiswal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 271, 272, 420 and 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
20 litres of country made liquor is said to have been recovered from the motorcycle 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. He has no concern with the seized liquor. He was not apprehended on the spot. He
Patna High Court Cr.Misc. No.19299 of 2018 (2) dt.27-04-2018 2/2 has been falsely implicated in the case at the instance of his enemies. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 26.12.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Special Judge, Excise, Patna in connection with Special Case Excise No. 6500 of 2017 arising out of Bihta P.S. Case No. 733 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T