Patna High CourtCR. MISC./51591/2018bail granted

Tun Tun Paswan v. The State Of Bihar

2018-08-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51591 of 2018 Arising Out of PS. Case No.-178 Year-2017 Thana- ROSHANGANJ District- Gaya ====================================================== Tun Tun Paswan, S/o Hulas Paswan, R/o Vill-Bihargain, P.S. Raushanganj, Distt-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Raushanganj P.S. Case no. 178 of 2017 registered for the offence punishable under Sections 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 5 lts. of country made liquor is said to have been recovered from the house 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 at

Patna High Court Cr.Misc. No.51591 of 2018(2) dt.23-08-2018 2/2 the instance of his enemy. The house of the petitioner is inhabited by his several other family members and he had no knowledge of keeping of liquor in the house. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 24.11.2017.

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 Special Judge, Excise, Gaya in connection with Raushanganj P.S. Case no. 178 of 2017.

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