Ram Ekbal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53584 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -MAHESI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Ram Ekbal Paswan Son of Gulteni Paswan Resident of Village- Katahan, Police Station- Mehsi, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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 37(d) and 38 of the Bihar Prohibition and Excise Act, 2016.

2 litres of sprit and 30 litres of toddy are said to have been recovered from the house of the petitioner which is said to be brought there for the purpose of vending.

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 article or any trade of toddy and liquor. He has been

Patna High Court Cr.Misc. No.53584 of 2018 (2) dt.30-08-2018 2/2 falsely implicated in the case at the instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said article in the house. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has been languishing in custody since 22.07.2018. Though one more criminal case has been lodged against the petitioner, but he is on bail in the aforesaid case. 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 7th Additional Sessions Judge cum Special Judge, Excise, East Champaran at Motihari in connection with Mehsi P.S. Case No. 18 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T