Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67857 of 2018 Arising Out of PS. Case No.-822 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Suresh Paswan, Son of Ramdeo Paswan, Resident of Village- Kahudag, Police Station- Barachatti, Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 822 of 2017 registered under Section 30(a)/38/47 of the Bihar Excise Act, 2016. The accusation is that, in course of raid, 20 bottles each containing 375 ml, Indian made foreign liquor kept in gunny bag was recovered in the field situated behind the house of the petitioner.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that 20 bottles each containing 375 ml Indian made foreign liquor has not been recovered from the house of the petitioner rather the same is recovered in a filed

Patna High Court CR. MISC. No.67857 of 2018(3) dt.13-03-2019 2/2 situated behind the house of the petitioner and petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Gaya, in connection with Barachatti P.S. Case No. 822 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T