Jodhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32665 of 2020 Arising Out of PS. Case No.-202 Year-2020 Thana- RAHUI District- Nalanda ====================================================== JODHAN PASWAN, Son of Vijay Paswan Resident of Village - Habanpura, Police Station - Rahui, District - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2021 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

At the outset, learned counsel for the petitioner seeks permission to make necessary correction in the prayer portion of the bail petition.

It has also been submitted that correct entry has been made in paragraph 1 of the bail petition. In the prayer portion, P. S. Case No. has not been typed.

The learned counsel for the petitioner is permitted to make necessary correction in the prayer

Patna High Court CR. MISC. No.32665 of 2020(2) dt.20-02-2021 2/3 portion of the bail petition during the course of the day. The petitioner seeks bail in anticipation of his arrest in connection with Rahui P. S. Case No. 202 of 2020, dated 17.06.2020, instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

On secret information that the petitioner is carrying huge amount of liquor in his Bolero vehicle, one vehicle was intercepted. From such vehicle, 565.92 litres of liquor was recovered.

The learned counsel for the petitioner has submitted that the vehicle from which recovery has been made does not belong to the petitioner. The petitioner also does not own any Scorpio vehicle as has been alleged in the F.I.R. Thus, there is no recovery of liquor from the constructive or exclusive possession of the petitioner.

The petitioner does not have any criminal antecedents.

Patna High Court CR. MISC. No.32665 of 2020(2) dt.20-02-2021 3/3 Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge cum Special Judge, Excise, Nalanda at Biharsharif, in connection with Rahui P. S. Case No. 202 o 2020, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T