Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39667 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -MUFFASIL District- AURANGABAD ====================================================== Rajesh Paswan S/o Chandrika Paswan, resident of Village - Tanadih, P.S. - Aamas, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Rakesh Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 21-04-2017 in Aurangabad (Muffasil) P.S. Case No. 55 of 2017 registered for offence under Sections 30(a) of Bihar Prohibition and Excise Act, 2016 (for short "Excise Act"), has prayed for grant of bail.

By way of referring to statement made in paragraph - 3 of the petition, it was submitted by learned counsel for the petitioner that petitioner is having clean antecedent. It was submitted by learned counsel for the petitioner that on false accusation, as if petitioner was sitting in a Bollero car, from which, huge quantity of country-made liquor was recovered, was arrested. He submits that in the seizure list, there is no signature of

Patna High Court Cr.Misc. No.39667 of 2017 (2) dt.19-08-2017 2/2 either petitioner or so called driver of the vehicle. According to learned counsel for the petitioner, the petitioner was standing by the side of the road in the meanwhile a vehicle was intercepted by the police and since accused persons had fled away, the petitioner was arrested as if he was in the vehicle.

However, considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner namely Rajesh Paswan 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 Additional Sessions Judge - VII cum Special Judge, Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 55 of 2017.

(Rakesh Kumar, J.) Anay U T