Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25667 of 2019 Arising Out of PS. Case No.-230 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MAHENDRA PASWAN, aged 59 years, Male, Son of Late Lal Bihari Paswan, Resident of Village - Manshur Ganj, Mushari, P.S.- Malsalami, Distt - Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Naresh Chandra Verma, Adv.

For the Opposite Party :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 10.02.2019 in connection with Special Case No. 1537 of 2019 arising out of Malsalami P.R. Case No. 230 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the Excise Officials, is that from two bags 44 liters of country made liquor was recovered which was hidden under bricks and garbage and the petitioner was apprehended. Accordingly, a seizure memo was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, nothing has been recovered from his conscious possession and he is

Patna High Court CR. MISC. No.25667 of 2019(2) dt.23-04-2019 2/2 languishing in judicial custody since more than two months. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal history, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 1537 of 2019 arising out of Malsalami P.R. Case No. 230 of 2019 to the satisfaction of the learned Special Judge, Excise Act, Patna, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T