Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31626 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== Rakesh Paswan, Son of Late Rambabu Paswan, Resident of Village- Dayali Bigha, Police Station- Parasbigha in the district of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Sunil Kumar, Advocate For the Opposite Party/s :

Smt. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-06-2018 Heard Sri Sunil Kumar, learned counsel for the petitioner and Smt. Pushpa Sinha, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Excise Case No. 150 of 2018 ( arising out of Parasbigha P.S. Case No. 22 of 2018 ) registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset , learned counsel for the petitioner has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. He submits that save and except confessional statement of the co- accused, there is no other cogent material to

Patna High Court Cr.Misc. No.31626 of 2018(2) dt.12-06-2018 2/2 connect the petitioner in the present case. He further submits that in this recovery of huge quantity of country made liquor was shown from a field which was not at all belonging to the petitioner and he has been implicated falsely on the strength of confessional statement of the co-accused.

Considering the nature of accusation, clean antecedent of the petitioner as well as the fact that nothing was recovered from conscious possession of the petitioner and also the fact that petitioner's name has come in confessional statement of coaccused, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Rakesh Paswan be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II, Jehanabad / concerned court in connection with Excise Case No. 150 of 2018 ( arising out of Parasbigha P.S. Case No. 22 of 2018 ) subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T