Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44280 of 2018 Arising Out of PS. Case No.-324 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Sanjay Paswan Son of Yogendra Paswan, resident of Village- Bariyarpur, Ward No. 4, P.S.+ District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Case no. C-2/324 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.

42 lts. of Nepali Saufi wine is said to have been recovered from motorcycle of the petitioner and petitioner escaping from the aforesaid motorcycle 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. He has no concern either with the seized liquor or with the motorcycle in question. He has been falsely implicated in this case by the police merely on

Patna High Court Cr.Misc. No.44280 of 2018(2) dt.23-07-2018 2/2 suspicion while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape leaving aforesaid liquor laden motorcycle there seeing the police party. He has no criminal antecedent. He has been languishing in custody since 11.06.2018.

In the facts and circumstances of the case, 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. District Judge-II-cum-Special Judge (Excise), Sitamarhi in connection with Case no. C-2/324 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T