Durgesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67533 of 2018 Arising Out of PS. Case No.-362 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== Durgesh Paswan Son of late Rajesh Paswan Resident of Village- Baraki Singhai, P.S. Ara Nagar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Ara Nagar P.S. Case No. 362 of 2018 (Excise Case No. 1038 of 2018) instituted for the offence under Sections 30 and 30(a)/36 of tBihar Prohibition and Excise Act.

Counsel for the petitioner submits that recovery is made from the orchard as mentioned in the written report. There is no recovery of any illicit liquor from conscious possession of the petitioner. Petitioner is said to be sitting in the orchard. Counsel for the petitioner further submits that coaccused Mukul Yadav has been granted bail by a coordinate Bench of this Court vide order dated 3.8.2018 passed in Cr. Misc. 47716 of 2018.

It is alleged in the written report that two persons

Patna High Court Cr.Misc. No.67533 of 2018(2) dt.26-11-2018 2/2 were apprehended and two have managed to run away. The apprehended persons have disclosed their name as Durgesh Paswan (petitioner) and Arjun Choudhary.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Bhojpur at Ara, in connection with Ara Nagar P.S. Case No. 362 of 2018 (Excise Case No. 1038 of 2018), subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T