Jitendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54046 of 2018 Arising Out of PS.Case No. -103 Year- 2018 Thana -SIKTI District- ARRARIA ====================================================== Jitendra Paswan, S/o Harilal Paswan, Resident of village - Gadah Kat, P.S.- Sikty, District - Araria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
35.400 litres of country made liquor is said to have been recovered from the possession of the petitioner and the petitioner was apprehended.
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 the case by the personnel of Excise department merely on suspicion while he was passing through the place of occurrence at the time of
Patna High Court Cr.Misc. No.54046 of 2018 (2) dt.31-08-2018 2/2 occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing them. He has no criminal antecedent. He has been languishing in custody since 21.07.2018. Considering the facts aforesaid, 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 2nd Addl. Sessions Judge cum Special Judge, Araria in connection with Special Case No. 770 of 2018 arising out of Sikty P.S. Case No. 103 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T