Kanhaiya Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6797 of 2018 Arising Out of PS.Case No. -763 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Kanhaiya Paswan, Son of Yugeshwar Paswan, Resident of Mushapur, P.S.- Karha, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Katihar Town (Sahayak) P.S. Case No. 763 of 2017 registered under Sections 272, 273 of the Indian Penal code and Sections 30(a) of Bihar Excise Amendment Act -2016.

20 liters of country made liquor is said to have been recovered from auto rickshaw and driver along with passenger managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Petitioner, who happens to be the owner of the auto rickshaw, has given the same to the petitioner

Patna High Court Cr.Misc. No.6797 of 2018 (2) dt.16-02-2018 2/2 for driving and he had no knowledge of transporting liquor by the vehicle by its driver. The petitioner has been falsely implicated in the case and he has no concern with the seized liquor. He has no criminal antecedent. He has been languishing in custody since 07.11.2017.

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 A.D.J. IIndcum-Special Judge, Excise Act, Katihar in connection with Katihar Town (Sahayak) P.S. Case No. 763 of 2017. (Prakash Chandra Jaiswal, J) sushma/- U T