Gorelal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13001 of 2019 Arising Out of P.S. Case No.-157 Year-2018 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== GORELAL PASWAN, aged about 35 years (male), Son of Bhagwan Paswan R/o village- Mahmmadpur, P.S- Barh, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 31.12.2018 in connection with Special Case No.12371 of 2018 arising out of Rail P.S. Bakhtiyarpur (Barh) No.157 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition Excise Act, 2016.

The prosecution case as lodged by the rail police personnel is that the petitioner was apprehended with a bag containing 14 liters of country made wine which was concealed in a bag on his shoulder. Accordingly a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.13001 of 2019(2) dt.06-03-2019 2/2 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. Petitioner undertakes to cooperate in the investigation and not to induce witnesses or tamper with the prosecution evidence. He further submits that the petitioner has sufficiently been punished as he is languishing in judicial custody since more than two months. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No.12371 of 2018 arising out of Rail P.S. Bakhtiyarpur (Barh) Case No.157 of 2018 to the satisfaction of learned Special Judge, Excise, Patna, subject to the conditions that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. B.Kr./- (Nilu Agrawal, J) U T