Subhash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37942 of 2019 Arising Out of PS. Case No.-642 Year-2018 Thana- HILSA District- Nalanda ====================================================== SUBHASH PASWAN Son of Mishri Paswan Resident of Village - Pachrukhia, P.S.- Hilsa, 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.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Hilsa P.S. case no. 642 of 2018 instituted for the offence under Section(s) 272, 273/34 of the IPC and Sections 30(A), 37(c) of the Bihar Prohibition & Excise Amendment Act, 2016. Learned counsel for petitioner has submitted that recovery of illicit liquor has been made from the house of Mishri Paswan. There is no recovery of any illicit liquor from conscious possession of this petitioner.
The seizure list is part of the FIR. From perusal of the seizure list, it appears that recovery has been made from the house of Mishri Pawan, but there is no signature of Mishri Paswan or any of the family members over the seizure list.
Patna High Court CR. MISC. No.37942 of 2019(2) dt.21-06-2019 2/2 Petitioner has been falsely implicated in this case because he is son of Mishri Paswan.
Petitioner is in custody since 28.3.2019 having clean antecedent.
Considering the aforesaid, let the petitioner, above named, be released 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 Additional District and Sessions Judge-III cum Special Judge (Excise Act), Nalanda at Biharsharif in connection with Hilsa P.S. case no. 642 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) shyambihari/- U T