Lalbabu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11021 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lalbabu Paswan, S/O Hira Lal Paswan, R/V- Barasankar, P.S. Patahi, District-E. Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhannjay Kumar No 2, Advocate. For the Opposite Party : Mr. Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.01.2018 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 150 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 150 liters wine is recovered from three different motorcycles. None of the motorcycle belongs to the

Patna High Court Cr.Misc. No.11021 of 2018 (2) dt.27-02-2018 2/2 petitioner. The name of the petitioner has come on the basis of alleged recovery made from the motorcycles in question. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran, in connection with Excise Case No. 03 of 2018. U.K./- (Sudhir Singh, J) U T