Binay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2722 of 2018 Arising Out of PS.Case No. -667 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Binay Paswan, S/o Late Janki Paswan, Resident of Village- Garahiya Tola Ward No.2, P.S.- Dumra District- Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Uday Kumar, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Case No. C2/667 of 2017 / C2/1068 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
21 litres of Nepali wine is said to have been recovered from the possession 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 conscious physical possession of the petitioner. As a matter of fact, the petitioner was regressing from his nearby village and on the way
Patna High Court Cr.Misc. No.2722 of 2018 (2) dt.23-01-2018 2/2 the police apprehended him and roped in the case planting recovery of the aforesaid liquor from his possession at the instance of his enemies. He has no criminal antecedent. The petitioner has been languishing in custody since 22.11.2017. Considering the facts aforesaid, 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 A.D.J.II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Case No. C2/667 of 2017 / C2/1068 of 2017.
(Prakash Chandra Jaiswal, J) Mishra/- U T