Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43225 of 2018 ====================================================== Sanjay Paswan, Son of Videshi Paswn, Resident of village - Ward No.11, Singhiyaghat, P.S.-Bibhutipur, District - Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a)(d) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

10 litres of country made liquor and 160 litres of jawa jaggery are said to have been recovered from the brewing place of the petitioner. Out of which, said jawa jaggery was destroyed in the course of extracting and the petitioner was apprehended.

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 no concern either with the seized article or with the place of recovery or with

Patna High Court Cr.Misc. No.43225 of 2018 (2) dt.18-07-2018 2/2 any trade of liquor. He has been falsely implicated in the case by the personnel of Excise department while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 29.05.2018.

Considering the facts aforesaid, 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 Addl. District and Sessions Judge-VI cum Special Judge, Excise, Samastipur in connection with Excise Case No. 166 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T