Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50696 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -FULKAHA District- ARRARIA ====================================================== Ajay Paswan, Son of Sri Lalan Paswan, Resident of Village- Akha Madhura, Ward No. 01, Police Station- Fulkaha, District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

36 litres of Nepali saufi wine is said to have been recovered from the bag kept on the motorcycle and petitioner was apprehended riding the aforesaid motorcycle while another accused person managed to escape.

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

Patna High Court Cr.Misc. No.50696 of 2018 (2) dt.18-08-2018 2/2 by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. The real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 18.07.2018.

Considering the facts aforesaid, 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 A.D.J.-II cum Special Judge, Araria in connection with Excise Special/Special Case No. 822 of 2018 arising out of Fulkaha P.S. Case No. 130 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T