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Patna High CourtCR. MISC./36587/2017bail granted

Rajpal Paswan @ Rajpal Babu v. The State Of Bihar

2017-08-24Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36587 of 2017 Arising Out of PS.Case No. -345 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Rajpal Paswan @ Rajpal Babu Son of Yadu Paswan, R/v Domanbigha, P.S.- Kanko, O.P.- Bhelawar, Distt.- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 08.06.2017 in connection with Jehanabad P.S. Case No. 345 of 2017, Excise Case No. 658 of 2017 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case, as lodged by the police personnel, is that on secret information that consignment of illicit liquor is being carried, the police conducted a raid and intercepted one while colour Scorpio car. The driver managed to flee away. From the papers inside the car, it was found that the car belonged to one Abhishek Kumar and his mother Fulmati Devi on interrogation by the police named the petitioner to be given the car

Patna High Court Cr.Misc. No.36587 of 2017 (4) dt.24-08-2017 2/2 for driving. From the car, 135 litres of foreign liquor was recovered, and, accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was not driving the vehicle but on the statement of one Fulmati Devi he has been made accused. He submits that nothing has been recovered form his conscious possession and he is a student of BA Part-I.

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 Addl. Sessions Judge-II, Jehanabad, in connection with Jehanabad P.S. Case No. 345 of 2017, Excise Case No. 658 of 2017. (Nilu Agrawal, J) Rajesh/- U T