Daulat Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62429 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== DAULAT PASWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 21.8.2019 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the FIR, there was a recovery of 171 liters of Indian Made Foreign Liquor from a Santro car which was transported at the behest of the petitioner.
It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that apparently the petitioner was found to have got the alleged liquor transported.
Patna High Court CR. MISC. No.62429 of 2019(2) dt.23-10-2019 2/2 Considering the fact that the car from which the recovery is alleged to have been made is registered in the name of Gaurav Kumar alias Banti, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period under custody, let the petitioner above named be released 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 -II-cum-Special Judge, ExciseAct, Bhagalpur in connection with Kharik P.S. Case No. 207 of 2019.
(Dinesh Kumar Singh, J) anil/- U