Poshan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.775 of 2018 Arising Out of PS.Case No. -606 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Poshan Paswan, Son of Bindeshwari Paswan, Resident of VillageKamalpur, P.S.+District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Khagaria P.S. Case No. 606 of 2017 for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 1 Kg of Mahua flower from the bushes behind the house of the petitioner. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no recovery has been made from his conscious possession. It is further submitted that though two more cases are pending against the petitioner on same and similar allegation, however, he has

Patna High Court Cr.Misc. No.775 of 2018 (2) dt.18-01-2018 2/2 been granted bail in those case. It is further submitted that the petitioner is in custody since 25.11.2017.

Considering the nature of accusation and the period of custody already undergone, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 1,00,000/- (Rs. One lac) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge- 1st cum Special Judge (Excise), Khagaria in connection with Khagaria P.S. Case No. 606 of 2017.

It is further directed that in case he is found involved in a similar type of case, henceforth the present privilege of bail shall stand automatically cancelled forthwith. (Mohit Kumar Shah, J) BTiwary/- U T