Santosh Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.21069 of 2017 (3) dt.22-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21069 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -GAYA KOTWALI District- GAYA ====================================================== Santosh Paswan, son of Late Fulan Paswan, resident of Mohalla- Murli Hill Pahari, Bairagi, Police Station- Kotwali, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2017 Heard both sides.
The petitioner seeks bail in Kotwali P.S. Case No. 89/2017, registered for the offences punishable under Section 30A) of the Bihar Excise and Prohibition Act, 2016. The police got secret information and from a room situated by the side of the house of the petitioner more than 700 litres of country-made liquor as well as foreign liquor was recovered.
Learned counsel for the petitioner submits that petitioner is not the owner of that room. The petitioner has falsely been implicated in this case. The petitioner is rotting in jail since 17.03.2017.
Learned A.P.P. vehemently opposed the prayer for bail
Patna High Court Cr.Misc. No.21069 of 2017 (3) dt.22-06-2017 of the petitioner.
It appears that more than 700 litres of country-made liquor and foreign liquor was recovered from the room situated near the house of the petitioner, but the petitioner denied to have own that room.
Considering the facts aforesaid and the fact that petitioner has already remained in jail for more than three months, the petitioner above-named, 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 Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 89/2017.
(Prabhat Kumar Jha, J.) Vinita/- U T