Patna High CourtCR. MISC./20062/2019bail granted

Sohrai Paswan v. The State Of Bihar

2019-04-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20062 of 2019 Arising Out of PS. Case No.-320 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Sohrai Paswan, S/o Late Prabhu Paswan @ Sarju Paswan, Resident of Village- Gobahara, P.S.- Belaganj, District- 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.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 17.01.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that on the basis of the secret information, hutment situated on the land of co-accused Nanhka Paswan @ Mirjesh Paswan, was raided and, 30 litres of illicit of country made liquor along with other articles used for preparation of liquor were recovered. The petitioner was suspected to be one of the associates of the co-accused Mirjesh Paswan in manufacturing the illicit liquor.

It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical

Patna High Court CR. MISC. No.20062 of 2019(2) dt.02-04-2019 2/2 possession of the petitioner.

Learned APP submits that the material on record suggests that the petitioner was one of the associates of the coaccused Mirjesh Paswan in business of illicit liquor. Considering the fact that the material on record does not suggest the recovery from the conscious physical possession of the petitioner, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Belaganj P.S. Case No. 320 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T