Gulla Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53206 of 2018 Arising Out of PS.Case No. -197 Year- 2018 Thana -BEUR District- PATNA ======================================================

1. Gulla Paswan son of Naresh Paswan Resident of R. Block Jhoparpatti, P.S. Sachiwalaya, District Patna

2. Sanjeev Paswan of Late Lallu Paswan Resident of Village/Mohalla RBlock Road No.8, Jhoparpatti Near Railway Gumti P.S. Sachiwalaya, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Jain For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 20 litres of country made liquor is said to have been recovered from the motorcycle and petitioners sitting on the said motorcycle were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.53206 of 2018 (2) dt.29-08-2018 2/2 conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 07.07.2018. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Beur P.S. Case No. 197 of 2018 arising out of (Special Case No. 6202 of 2018). (Prakash Chandra Jaiswal, J) Kr. Uday/- U T