Pawan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7114 of 2018 Arising Out of PS.Case No. -284 Year- 2017 Thana -SONO District- JAMUI ======================================================

1. Pawan Paswan, Son of Sri Nageshwar Paswan, resident of Village- Halsi, Police Station- Halsi, District- Lakhisarai.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sono P.S. Case No.284/2017 registered under Sections 272, 273 of Indian Penal Code and Sections 30(a), 41 of Bihar Prohibition and Excise Act, 2016 and Section 25(1-b)a/26,35 of Arms Act. Nine liters of foreign liquor is said to have been recovered from Bolero vehicle and a live cartridge is said to have been recovered from the pocket of the petitioner, while one loaded pistol along with a cartridge is recovered from the possession of co-accused Umesh Paswan.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious

Patna High Court Cr.Misc. No.7114 of 2018 (2) dt.12-02-2018 2/2 physical possession of the petitioner. The petitioner has been falsely implicated in this case. The petitioner is a driver and he had no knowledge regarding the transportation of alleged seized liquor by commuter Umesh Paswan. Cartridge san firearm is useless. The petitioner has got no criminal antecedent. He has been languishing in custody since 20.11.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Jamui, in connection with Sono P.S. Case No.284/2017.

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