Gopal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42539 of 2018 Arising Out of PS.Case No. -204 Year- 2018 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Gopal Paswan,, Son of Mankeshwar Paswan, resident of village - Mithanpura, Police Station - Mehsi, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 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 30, 37(d) and 38 of the Bihar Prohibition and Excise Act, 2016.

20 litres of toddy is said to have been recovered from the grocery shop 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 toddy. Aforesaid toddy was not seized from the shop of the petitioner rather from the road dumped by some

Patna High Court Cr.Misc. No.42539 of 2018 (2) dt.16-07-2018 2/2 unknown miscreant who managed to escape seeing the police party. He has been falsely implicated in the case by the police merely on suspicion. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 20.06.2018.

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 Addl. Sessions Judge-VII cum Special Judge, Excise, East Champaran, Motihari in connection with Mehsi P.S. Case No. 204 of 2018. , (Prakash Chandra Jaiswal, J) Mishra/- U T