Nishant Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34821 of 2018 ======================================================
1. Nishant Paswan S/o Gauri Shankar Paswan, R/o Mohalla - Dujra Gandhi Murti Dushad Toli, P.S. - Budha Colony, District - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 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 Sections 272 & 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
31.5 liters of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner was apprehended.
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 with the seized liquor. The house of the petitioner is
Patna High Court Cr.Misc. No.34821 of 2018 (02) dt.21-06-2018 2/ 2 inhabited by his several family members and he had no knowledge of keeping the said liquor in the house. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 25.03.2018.
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 Judge Excise, Patna in connection with Special Case No. 2766 of 2018 arising out of Budha Colony P.S. Case No. 104/2018. (Prakash Chandra Jaiswal, J) Trivedi/Sanjeev U T