Patna High CourtCR. MISC./49780/2018bail granted

Sunil Paswan v. The State Of Bihar

2018-08-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49780 of 2018 Arising Out of PS.Case No. -329 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Sunil Paswan, Son of Lalan Paswan, Resident of Ganghi Nagar, Bairagania, Ward No. 9, P.S.- Bairgania, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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) of the Bihar Prohibition and Excise Act, 2016.

90 liters of Nepali saufi wine is said to have been recovered from the possession of the petitioner.

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 by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and the real culprit

Patna High Court Cr.Misc. No.49780 of 2018 (02) dt.13-08-2018 - 2 - managed to escape dumping the aforesaid liquor there seeing the personnel of Excise Department. There is violation of 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 13.06.2018.

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 Additional District Judge-II-cum-Special Judge Excise, Act, Sitamarhi in connection with Case No. C2/329 of 2018.

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