Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52011 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Ashok Paswan, S/o Baleshwar Paswan, R/o Vill-Sedukha, P.S. Khanpur, Distt-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case No. 211 of 2018 registered for the offence punishable under Section 30 (a) of Bihar Prohibition Excise Act, 2016. 15 lts. of country made liquor is said to have been recovered from Bathan of the petitioner and he 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 with the seized liquor. He has been falsely implicated in this case. The aforesaid Bathan is open and easily accessible to anyone. He

Patna High Court Cr.Misc. No.52011 of 2018(2) dt.24-08-2018 2/2 had no knowledge of keeping of liquor in the said Bathan. He has no criminal antecedent. He has been languishing in custody since 19.07.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, Excise Act, Samastipur in connection with Excise Case No. 211 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T