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Patna High CourtCR. MISC./13665/2019bail granted

Brij Paswan @ Vrij Paswan v. The State Of Bihar

2019-06-24Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13665 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== Brij Paswan @ Vrij Paswan, Son of Dukhan Paswan, Resident of VillageParariya, Dipandih, P.S.- Imamganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Imamganj P.S. Case No. 50 of 2018, registered under Sections 30(a)(d) and 45 of the Bihar Excise Act. The accusation is that, in curse of raid, 15 KG Mahua flower along with 20 litres country made liquor kept in gallon was recovered from the house of Shiv Nandan Bhuiya, 15 litres country made liquor was recovered from the house of Bindu Bhuiya and 10 litres of country made liquor was recovered from the house of Ganesh Bhuiyan. When the informant kept in aforesaid liquors in police vehicle then 150 people came and surrounded the informant and other police

Patna High Court CR. MISC. No.13665 of 2019(5) dt.24-06-2019 2/2 personnel and started crying, in which, 30 persons named in the FIR including the petitioner were identified in indulging the aforesaid crime.

Learned counsel for the petitioner submits that aforesaid liquors were not recovered from the house of the petitioner, in fact, it would appear from the F.I.R. that his name has surfaced on the basis of statement made by the local Chaukidar.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Gaya, in connection with Imamganj P.S. Case No. 50 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T