Patna High CourtCR. MISC./53799/2016bail granted

Gagandeo Paswan v. The State Of Bihar

2016-12-21Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53799 of 2016 Arising Out of PS.Case No. -173 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Gagandeo Paswan, S/o Late Ramswarup Paswan, resident of VillageKoilhara, P.S.- Madhuban, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Madhuban P.S. Case No. 173 of 2016 instituted for the offences punishable under Sections 47, 49, 50(D), 51, 52, 54, 57 of Bihar Excise Amendment Act, 2016 and 272, 273 of the Indian Penal Code. The Officer-in-Charge, Madhuban Police Station on confidential information conducted raid at the godown of one Tunna Singh, where the accused persons engaged in manufacturing and selling of English wine and from the said godown, this petitioner was apprehended and also recovered illicit wine.

Contention of the petitioner is that he is a labour and has

Patna High Court Cr.Misc. No.53799 of 2016 (2) dt.21-12-2016 2/2 no concern with the said godown for business of foreign liquor. He remained in custody since 01.07.2016.

Learned APP, on the other hand, opposes the prayer and submitted that the petitioner has admitted that he was engaged in packing and/or selling the alleged wine.

Considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate IVth, East Champaran at Motihari in connection with Madhuban P.S. Case No. 173 of 2016 subject to the condition that: (i) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Sanjay Kumar, J) rohit/- U T