Bodho Paswan @ Ram Naresh Paswan @ Ramnaresh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1850 of 2018 Arising Out of PS.Case No. -489 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Bodho Paswan @ Ram Naresh Paswan @ Ramnaresh Paswan S/o Sri Hareram Paswan R/o Village - Bari Sankh, Ward No. 10, P.S. Muffasil, District - Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Narayan, Adv. Mr. Jeetendra Narayan, Adv.
For the Opposite Party/s : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Begusarai Mufffasil @ Mufassil P.S. Case No. 489 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on the disclosure of accused Chandi Yadav alias Ramchandra Yadav 750 liters of foreign liquor was recovered from a ditch located in a field and the petitioner was apprehended from the aforesaid place. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.1850 of 2018 (02) dt.24-01-2018 2/ 2 conscious physical possession of the petitioner. He has no concern with the seized liquor. As a matter of fact, he has been falsely implicated in this case by the police merely on suspicion while he had gone to the field to attend the call of nature. He has no criminal antecedent. The petitioner has been languishing in custody since 21.10.2017.
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-VII-cum-Special Judge Bihar Prohibition and Excise Act, 2016, Begusarai in connection with Begusarai Muffasil @ Muffasil P.S. Case No. 489 of 2017 (G.R. No.3908/17).
(Prakash Chandra Jaiswal, J) Trivedi/- U T