Patna High CourtCR. MISC./16071/2018bail granted

Prem Paswan v. The State Of Bihar

2018-03-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16071 of 2018 Arising Out of PS. Case No.-539 Year-2017 Thana- MAJORGANJ District- Sitamarhi ====================================================== Prem Paswan, S/o Ghana Paswan, R/o Village-Pakri Tola, Ward no. 4, P.S. Majorganj, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Majorganj P.S. Case no. 539 of 2017 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Excise and Prohibition Act-2016. 36 lts. of Nepali wine is said to have been recovered from the tiled house of the petitioner and petitioner was apprehended by giving chase.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in the case at the instance of his enemy by planting the aforesaid recovery

Patna High Court Cr.Misc. No.16071 of 2018(2) dt.21-03-2018 2/2 from his possession. He has no concern with the seized liquor. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 09.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd A.D.J.- cum-Special Judge, Excise Act, Sitamarhi in connection with Majorganj P.S. Case no. 539 of 2017.

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