Sanju Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35143 of 2018 ====================================================== Sanju Paswan, S/o Ram Biksha Paswan, resident of Village- Usari, Tola Dumari, P.S.- Mofassil, District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 47(A) of Bihar Excise Act, 2016.
398 liters of country made liquor is said to have been recovered from the bush located towards south of Ram Charan lane allegedly dumped by seven accused persons named in the FIR including the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. The place of recovery is an open place and easily accessible to anyone. The
Patna High Court Cr.Misc. No.35143 of 2018 (2) dt.22-06-2018 2/ 2 identity and genuineness of the source of information is not mentioned in the written report. Though one more criminal case has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since18.4.2018. 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 the learned Special Excise Judge, Gaya in connection with Buniyadganj P.S. Case No. 136 of 2016.
(Prakash Chandra Jaiswal, J) Trivedi/- U T