Ravindra Paswan @ Bangali Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53744 of 2018 Arising Out of PS.Case No. -262 Year- 2018 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Ravindra Paswan @ Bangali Paswan, Son of Bachan Paswan @ Bachan Lal Paswan, Resident of Village- Gajraganj, P.S.- Udwant Nagar, DistrictBhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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 Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
50 liters of country made liquor is said to have been recovered from the hut and the petitioner was apprehended in the course of the escaping from hut while other accused managed to escape.
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
Patna High Court Cr.Misc. No.53744 of 2018 (2) dt.30-08-2018 2/2 seized liquor or the hut in question. There is violation of Section 100 Cr.P.C. 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 to attend the call of nature. He has no criminal antecedent and has been languishing in custody since 28.07.2018.
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, Bhojpur, Ara in connection with Excise Case No. 1214 of 2018 arising out of Udwant Nagar P.S. Case No. 262 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T