Birju Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49300 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================
1. Birju Paswan S/o Ratan Paswan, R/o Vill.- Mohammadipur, Chakjohra, P.S.- Mohiuddi Nagar, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Moleshwar For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 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 Sections 272 & 273 of the Indian Penal Code and Section 30 A of the Bihar Prohibition and Excise Act, 2016. 7.56 liters of foreign liquor is said to have been recovered from the possession of 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 with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no
Patna High Court Cr.Misc. No.49300 of 2018 (02) dt.10-08-2018 - 2 - criminal antecedent and has been languishing in custody since 02.07.2018.
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-VIII-cum-Special Judge Excise, Samastipur in connection with Vidyapatinagar P.S. Case No. 66 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T