Patna High CourtCR. MISC./18184/2019bail granted

Jitendra Paswan v. The State Of Bihar

2019-04-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18184 of 2019 Arising Out of PS. Case No.-868 Year-2018 Thana- BANKA District- Banka ====================================================== JITENDRA PASWAN son of Suresh Paswan, Resident of Village- Ghospur, P.S.- Barahat, District- Banka, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Jha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Banka (Barahat) P.S. Case No. 868 of 2018 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 148 liters of country made liquor and 9.43 of foreign liquor from a tempo and the petitioner is said to be travelling on a motorcycle along with the said tempo while he was apprehended by the police on chase on mere suspicion.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is neither owner of the

Patna High Court CR. MISC. No.18184 of 2019(2) dt.02-04-2019 2/2 tempo nor the occupant of the said tempo nor he has got anything to do with the said tempo and has been merely roped in the present case without any basis. It is submitted that though the petitioner is an accused in two other cases, but he is on bail in the said two cases. The petitioner is stated to be languishing in custody since 01.01.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Banka (Barahat) P.S. Case No. 868 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T