Patna High CourtCR. MISC./42551/2017bail granted

Gonar Paswan v. The State Of Bihar

2017-09-08Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42551 of 2017 Arising Out of PS.Case No. -225 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================

1. Gonar Paswan Son of Jayprakash Paswan Resident of Village-Sahora Tola. P.S.-Chausa, District-Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chausa P.S. Case No. 225 of 2017 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The prosecution case, as lodged by the police personnel, is that on a secret informant that co-accused Jai Prakash Paswan is dealing in illicit liquor, the police raided the house of co-accused Jai Prakash Paswan and from the house recovered 50 litres of Mahua wine. Petitioner, who is the son of co-accused Jai Prakash Paswan, was trying to flee away but was also apprehended. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.42551 of 2017 (2) dt.08-09-2017 2/2 petitioner that he is innocent, bears no criminal history, nothing has been recovered from his conscious possession and just because he is son of co-accused Jai Prakash Paswan, he has been made accused in the present case. He submits that for no offence he is languishing in custody since 17.07.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Sub-Divisional Judicial Magistrate, Udakishunganj (Madhepura), in connection with Chausa P.S. Case No. 225 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner.

(Nilu Agrawal, J) Rajesh/- U T