Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24080 of 2018 Arising Out of PS.Case No. -107 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Rajesh Paswan, son of Bilash Paswan @ Vilas Paswan, resident of Village- Nandwara, Ward No. 10, P.S. Bairgania, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

108 liters of Nepali saufi wine kept in 360 bottles are said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case by the police merely on suspicion.

Patna High Court Cr.Misc. No.24080 of 2018 (02) dt.30-04-2018 2/ 2 He has no concern with the seized liquor As a matter of fact, it is not possible for a person to carry 360 bottles in hand. The said aspect of the case creates serious doubt about the prosecution case. He has no criminal antecedent and has been languishing in custody since 17.02.2018.

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 2nd Additional District & Sessions Judge-cum-Special Judge Excise Act, Sitamarhi in connection with Case No.C-2/107 of 2018/148 of 2018.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T