Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19500 of 2019 Arising Out of PS. Case No.-158 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Pappu Paswan, Son of Late Abhinandan Paswan, Resident of Village- Jay Pal Pati, Ward No.15, Police Station- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 12.02.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that on 30.10.2018 at 5.6 P.M. the informant reached at Railway line and on seeing the police party, a person started fleeing away while carrying a plastic bag but when the chase was made, the person managed to flee away leaving behind the plastic bag from which 23 litres of illicit country made liquor was made.

It is submitted by learned counsel for the petitioner that the recovery recovery was not made from the conscious

Patna High Court CR. MISC. No.19500 of 2019(2) dt.01-04-2019 2/2 physical possession of the petitioner. The petitioner is accused in three other cases of similar nature but he has been granted bail in all these cases.

Learned APP submits that the recovery has been made from the bag of the petitioner and he is named in the FIR. Considering the nature of recovery and period under custody, let the above named petitioner be released 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 Additional Sessions Judge-II -cum- Special Judge, Excise Act, Madhepura in connection with Excise Case No. 1453 of 2018, arising out of Complaint Excise Case No. 158 of 2018. (Dinesh Kumar Singh, J) DKS/- U T