Dilip Paswan @ Deelip Paswan @ Kuli Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53747 of 2016 Arising Out of Case No. -162 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictLAKHISARAI ====================================================== Dilip Paswan @ Deelip Paswan @ Kuli Paswan, son of late Bishundeo Paswan, R/o - Punjabi Mohalla, Dom Tola, Lakhisarai, P.S.- Kabaiya (Kabaiya), Dsitrict- Lakhisarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner, who is in custody, seeks bail in connection with Case No. 162C-2 of 2016 registered under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in brief, is that the Excise Officers, on receiving secret information, recovered 10 bottles of foreign liquor in total containing 3.75 litres, kept in a bag. Learned counsel for the petitioner submitted that the petitioner was falsely implicated in this case as nothing was recovered from his possession and, moreover as per allegation, only 3.75 litres liquor in total have been recovered and has been in
Patna High Court Cr.Misc. No.53747 of 2016 (2) dt.14-12-2016 2/2 custody since 26.10.2016 though the petitioner was accused in two other cases under the Excise Act but both were false cases. Considering the small volume of recovery of foreign liquor from the petitioner and period under custody, he is directed to be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Case No. 162 C-2 of 2016.
(Arun Kumar, J) Sujit/- U