Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48791 of 2018 Arising Out of PS.Case No. -394 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================

1. Raju Paswan, Son of Manoj Paswan Resident of Village - Jindapur, Rouna, P.S. - Belaganj, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 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), 38 & 47 of the Bihar Prohibition and Excise Act, 2016.

17.100 liters of foreign liquor is said to have been recovered from the motorcycle and the petitioner was apprehended sitting on the said motorcycle.

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 liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his

Patna High Court Cr.Misc. No.48791 of 2018 (02) dt.09-08-2018 - 2 - possession. He has no criminal antecedent and has been languishing in custody since 15.06.2018.

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 Special Judge Excise, Gaya in connection with Barachatti (Mohanpur) P.S. Case No.394 of 2018.

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