Sanjeet @ Sandeep Paswan @ Chawwani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33283 of 2018 Arising Out of PS.Case No. -193 Year- 2018 Thana -KOTWALI District- PATNA ====================================================== Sanjeet @ Sandeep Paswan @ Chawwani Son of Late Kailash Paswan Resident of Mohalla - Kamla Nehru Nagar, P.S. - Kotwali, District - Patna. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pranaya Shanker Sinha, Advocate For the Opposite Party : Mr. Navin Kumar Pandey, A.P.P.-112 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
425 liters of country made liquor is said to have been recovered from a hut located towards east of the drain situated on the rear side of slum area and petitioner and one Vijay Paswan were apprehended. The said liquor is said to be kept there by the petitioner and five accused persons named in the written report. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either
Patna High Court Cr.Misc. No.33283 of 2018 (3) dt.01-08-2018 with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case by the police merely on suspicion while he was proceeding to his house located in the locality of the place of occurrence. Similarly situated coaccused, namely, Vijay Paswan has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No. 33997 of 2018 vide order dated 06.07.2018. He has no criminal antecedent and has been languishing in custody since 31.03.2018. In the facts and circumstances of the case, the above named petitioner is directed to 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 Act, Patna in connection with Kotwali P.S. Case No. 193 of 2018 (arising out of Special Case No.2924 of 2018). (Prakash Chandra Jaiswal, J) Trivedi/- U T