Rajesh Paswan @ Rajelsh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60708 of 2017 Arising Out of PS.Case No. -676 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================
1. RAJESH PASWAN @ RAJELSH PASWAN, Son of Late Ram Ishwar Paswan, resident of Village- Aaripur, P.S.- Vishnuganj, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Advocate For the State : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Jehanabad P.S. Case No. 676 of 2017 instituted for the offences under Section 120(B) of the Indian Penal Code and sections 30(a) , 32(2), 41 and 56 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 558 litres of illicit English wine from a truck being driven by the accused persons Pradeep Yadav and Rakesh Yadav.
The learned counsel for the petitioner submits that the petitioner has got nothing to do with the alleged offence and he was merely a passer-bye who was passing through the place of occurrence on his motorcycle and he has been falsely implicated
Patna High Court Cr.Misc. No.60708 of 2017 (2) dt.21-12-2017 2/2 in the present case. Therefore no recovery has been effected from the conscious possession of the petitioner. It is submitted that the petitioner has a clean antecedent and is in custody since 12.10.2017.
Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jehanabad in connection with Excise Case No. 1116 of 2017 arising out of Jehanabad P.S. Case No. 676 of 2017.
(Mohit Kumar Shah, J) S.Sb/- U T