Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62083 of 2017 Arising Out of PS. Case No.-131 Year-2017 Thana- SONO District- Jamui ====================================================== Bhola Paswan S/o Arjun Paswan, R/o Village- Paira Matihana, P.S.- Sono, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. NARSINGH TANTI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 of the I.P.C. and Sections 30(a)(c)(d) and 47 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 30 kg of Jawa Mahua is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.10.2017. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 30 kg of Jawa Mahua is recovered from the forest area. The name of the petitioner has come in the present case merely on the basis

Patna High Court Cr.Misc. No.62083 of 2017(3) dt.12-01-2018 2/2 of secret information. The source and genuineness of the secret information has not been disclosed by the prosecution. Subsequently when the petitioner came to know regarding the present case, he surrendered in the court below. The petitioner had no knowledge regarding the alleged incident. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Jamui in connection with Sono P.S. case No.131 of 2017.

(Sudhir Singh, J) Narendra/- U T