Shiv Shankar Paswan @ Arun Kumar @ Shiv Shanker Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1531 of 2018 Arising Out of PS.Case No. -332 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Shiv Shankar Paswan @ Arun Kumar @ Shiv Shanker Paswan son of Suresh Paswan resident of village Jhakhra, P.S. Sarai Ranjan, District - Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Dalsingsarai P.S. Case No. 332 of 2017 registered under Sections 272, 273, of the Indian Penal Code and under Sections 30(a) 38(1)(2) and 41(1) of Bihar Prohibition and Excise Act-2016. 52.140 lts. of foreign liquor is said to have been recovered from the Alto Car and the motorcycle and petitioner along with two other accused persons namely, Mahesh Prasad and Umesh Jha were apprehended by the police. As per Umesh Jha, he had purchased the said liquor from Kamlesh Sahni. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.1531 of 2018 (2) dt.24-01-2018 2/2 that the petitioner happens to be owner-cum-driver of the Alto Car and his car was hired by Umesh Jha who had loaded the aforesaid liquor on his car in the cartoon. Though, one more case under Excise Act has been lodged against the petitioner but he has been enlarged on bail in the said case. The petitioner has been languishing in custody since 15.10.2017. Said Umesh Jha has been enlarged on bail by the learned lower court while Mahesh Prasad has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 22.12.2017 passed in Cr. Misc. no. 58967 of 2017.

In the facts and circumstances of the case, the above named petitioner 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 the learned Additional District & Sessions Judge-VIth-cum-Spl. Judge (Excise) Samastipur in connection with Dalsingsarai P.S. Case No. 332 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T