Ganeshi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37277 of 2020 Arising Out of PS. Case No.-136 Year-2020 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== GANESHI PASWAN son of Late Dhaneshwar Paswan Resident of VillageRamgama Vikku, P.S.- Mohiuddinnagar, District- Samastipur. ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Abhay Shankar Singh, Advocate.

For the State :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 19.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner apprehends his arrest in connection with Mohiuddinnagar P.S. Case No.136 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving secret information about selling the liquor by Ganeshi Paswan (petitioner) in villageRamgama, the informant along with other police personnel reached there. On seeing the police party, two persons started to flee away from there but, on chase, one person was apprehended, who

Patna High Court CR. MISC. No.37277 of 2020(2) dt.01-07-2021 2/2 disclosed his name as Amit Kumar, son of Govind Paswan, of village-Ramgama Vikku. On search, one plastic gallon, containing 10 liters country made liquor, was recovered from the open space like courtyard of the petitioner. The petitioner succeeded to flee away. Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot nor the seized liquor was recovered from his courtyard rather the same was recovered from the open space. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Samastipur, in connection with Mohiuddinnagar P.S. Case No.136 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T