Gopi Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18183 of 2017 Arising Out of PS.Case No. -647 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Gopi Paswan, Son of Late Birjan Paswan, resident of Village- Takeya, P.S.- Turkauliya, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-07-2017 Heard Mr. Vijay Shankar Shrivastava, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in Turkaulia P.S. Case No. 647 of 2016, registered for the offence under Section 272, 273 of the Indian Penal Code, 1860 and Section 30(A)/ 36/ 37 (B) of the Bihar Prohibition & Excise Act, 2016 has prayed for grant of bail in the event of arrest or surrender primarily on the ground that petitioner was made accused on the basis of confessional statement of the three accused persons, who were apprehended with huge quantity of country made liquor. He submits that without any rhyme and reason on the basis of statement of the co- accused , who stated before the Police that the said liquor was supplied by the
Patna High Court Cr.Misc. No.18183 of 2017 (3) dt.13-07-2017 2/2 petitioner, petitioner has been made accused. Nothing has been recovered from his possession.
Considering the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner Gopi Paswan be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran /concerned court in connection with Turkaulia P.S. Case No. 647 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure 1973 .
(Rakesh Kumar, J) Praful/- U T