Patna High CourtCR. MISC./22994/2019bail granted

Ram Pukar Paswan v. The State Of Bihar

2019-04-16Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22994 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== RAM PUKAR PASWAN S/O Late Rameshwar Paswan, aged about 60 years, Male, R/o Village- Kalimela Road, Ward No.-1, P.S.- Forbesganj, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Excise Special Case No.322 of 2019 arising out of Excise Case No.07 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise (Amdt) Act, 2018.

The prosecution case as lodged by the Excise Officials is that on secret information, the house of the petitioner was searched and under the earth 18.240 liters of illicit foreign liquor and Nepali Soufi wine was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court CR. MISC. No.22994 of 2019(2) dt.16-04-2019 2/2 has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and is languishing in judicial custody since 08.03.2019 and has been sufficiently punished.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the fact that the petitioner does not bear any criminal antecedent as stated in para-3 of the present appliction, 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 Excise Special Case No.322 of 2019 arising out of Excise Case No.07 of 2019 to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria. (Nilu Agrawal, J) B.Kr./- U T