Bikau Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43540 of 2018 Arising Out of PS.Case No. -318 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Bikau Paswan, S/o. Aghunu Paswan, Resident of Village- Dumri Kala Ward No.-1, P.S. Majorganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Five accused persons are said to have been carrying liquor but seeing the police personnel four of them managed to escape while the petitioner was apprehended. 150 litres of Nepali liquor was recovered from the bags being carried by the accused persons.

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

Patna High Court Cr.Misc. No.43540 of 2018 (2) dt.19-07-2018 with the seized liquor. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor at the place of occurrence seeing the police party. He had not made any disclosure to the police party. There has been violation of 100 Cr.PC. There is nothing in the written report as to what quantity of liquor was being carried by each of the accused persons. He has no criminal antecedent and has been languishing in custody since 08.06.2018.

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 A.D.J. II -cumSpecial Judge, Excise Act, Sitamarhi in connection with Case No. C2/318/2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T