Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5239 of 2018 Arising Out of PS.Case No. -69 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jitendra Paswan, Son of Ramayan Paswan, resident of Village- Ahuar Shekh, Paswan Toli, Police Station- Majhauliya, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Majhauliya P.S. Case No.69 of 2017, a case under Sections 30(a)/30(d) of the Bihar Prohibition and Excise Act, 2016. From the field of this petitioner, a machine meant for extraction of spirit as well as 200 liters of spirit was recovered. Submission is that recovery is not from the conscious possession of the petitioner. Petitioner is in custody since 28.11.2017. The petitioner has got similar type of antecedent.

Considering the aforesaid fact, let the petitioner,

Patna High Court Cr.Misc. No.5239 of 2018 (2) dt.31-01-2018 P2/ above named, be released on bail on completion of three months of custody on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T