Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29439 of 2019 Arising Out of PS. Case No.-223 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== DILIP PASWAN Son of Late Jagdish Paswan Resident of Virsinpur Mohamdabad, Police Station-Kalyanpur,District-Samastipur at present Chinakothi, Harijan Colony, Police Station-Budha Colony, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner seeks bail in connection with Gardanibagh P.S. Case No. 223 of 2019/Special Case No. 3484 of 2019 for offences punishable under Sections 30(a)/34 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that during patrolling duty on the basis of secret information the petitioner was apprehended with the bag and on search 18 litres of country made liquor 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.29439 of 2019(3) dt.15-05-2019 2/2 has been falsely implicated in the aforesaid case. He submits that the petitioner has been sufficiently punished as he is languishing in judicial custody since 01.04.2019. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, materials on record and that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge(Excise), Patna in connection with Gardanibagh P.S. Case No. 223 of 2019/Special Case No. 3484 of 2019, subject to the condition that one of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) devendra/- U T