Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34676 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== Rajesh Paswan, Age-36 years, Gender-Male, S/o - Sitaram Paswan Resident of Village- Ranjeetpur, P.S.- Punaura, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case is that 150.285 liters of Nepali Saufi wine was recovered from the house of co-accused Rakesh Kumar.

The contention of the petitioner is that the petitioner has been made accused only on the basis of confessional statement of co-accused. Nothing has been recovered from the possession of the petitioner. There is no compliance under Section 100 of the Cr.P.C. Petitioner has got no criminal

Patna High Court CR. MISC. No.34676 of 2019(2) dt.28-05-2019 2/2 antecedent.

Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi/successor Court in connection with Punaura P.S. Case No. 22 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T