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Patna High CourtCR. MISC./34844/2018bail granted

Brij Mohan Paswan v. The State Of Bihar

2018-06-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34844 of 2018 ====================================================== Brij Mohan Paswan, Son of Late Rajdhani Paswan @ Rajvani Hazara Resident of Village - Kaswa Laukhan (Laxmipur Laukhan), P.S. Ghorasahan, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

63 liters of Nepali Saufi wine is said to have been recovered from the Chaur allegedly dumped by 25 to 30 accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. He has been falsely implicated in this case at the instance of his enemy due to dirty village politics. Though one more case under the Excise Act

Patna High Court Cr.Misc. No.34844 of 2018 (2) dt.21-06-2018 2/2 is pending against the petitioner but he is on bail in the said case. He has been languishing in custody since 09.05.2018. 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 Sessions Judge-IV-cum-Special Judge Excise, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 151 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/Sanjeev U T