Bipin Bihari Paswan @ Bipin Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51122 of 2017 Arising Out of PS.Case No. -146 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Bipin Bihari Paswan @ Bipin Paswan S/o Jagnarayan Paswan @ Jagnarayan Ram R/o Mishripur, P.S. Sasaram (M), Distt Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sasaram (M) P.S. Case No. 146/2017 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on information that in the field taken by one Pradeep Kushwaha the petitioner has kept huge quantity of illicit liquor, the police raided the place and found 3200 pouches of country-made liquor each containing 200 ml. in plastic bags. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, was not caught red-handed by the

Patna High Court Cr.Misc. No.51122 of 2017 (2) dt.08-11-2017 2/3 police and the illicit liquor was found in the open field covered by straw. He submits that it is only on the basis of suspicion that the petitioner has been made accused, no such offence under the provisions of the Excise Act has been committed by him and he is languishing in judicial custody since 23.08.2017. He further submits that nothing has been recovered from his possession, even the field is not owned by him and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

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 Sessions Judge II cum Special Court, Excise, Rohtas at Sasaram, in connection with Sasaram (M) P.S. Case No. 146/2017, subject to the following conditions :

(i) Both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

Patna High Court Cr.Misc. No.51122 of 2017 (2) dt.08-11-2017 3/3 (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T