Patna High CourtCR. MISC./20726/2018bail granted

Lakhindra Paswan v. The State Of Bihar

2018-04-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20726 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Lakhindra Paswan S/o Yogendra Paswan R/o Village- Dara patti, P.S.- Karja, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in PR 81/17-18 corresponding Excise Case No. 48 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 315 litres of toddy is said to have been recovered from the tempo and its driver, namely, Sudhakar Kumar and two other persons including the petitioner were apprehended from the said tempo.

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

Patna High Court Cr.Misc. No.20726 of 2018 (2) dt.16-04-2018 2/2 with the seized toddy. He was simple commuter of the said tempo and had no knowledge of keeping of the aforesaid toddy in the tempo. He has been falsely implicated in the case. He has no criminal antecedent. He has been languishing in custody since 06.03.2018.

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, Muzaffarpur in connection with PR 81/17-18 corresponding Excise Case No. 48 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T